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05-04-2004 A':!'he City of rì. ventura ,,(i, '.....>' LocM P1Rnni<!¥ ~V Jeffrey M. Perlow, Mayor CilT MIHJ~ Eric M. Soroka Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg ~ Teresa M. Soroka, CMC City Attorney Weiss Serota Helfman Pastoriza Guedes Boniske & Cole LOCALPL~GAGENCY AGENDA MAY 4, 2004 - 6 PM Aventura Government Center 19200 West Country Club Dnve Aventura, Ronda 33180 1. CALL TO ORDER\ROLL CALL 2. APPROVAL OF MINUTES: February 3, 2004 3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF' A VENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL LOCATED AT THE NORTHEAST CORNER OF NORTH COUNTRY CLUB DRIVE AND NE 34 A VENUE FROM CF, COMMUNITY FACILITY DISTRICT TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; PROVIDING INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL LOCATED AT 3205 NE 188 STREET FROM RMF-3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT TO CF, COMMUNITY FACILITY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 4. ADJOURNMENT. This meeting is open to the public, In accordauce with the Americans with Disahilities Act of 1990, all persons who are disabled and who ueed special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days pnorto such pwceeding. Anyone wishing to appeal any decision made hy the City of Aventura Local Planning Agency with respect to nny matter onnsidered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verhatim record of the proceedings is made, which recmd includes the testimony and evidence upon which the appeal is to he based, Agenda items may he viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Ronda, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of Aventum Advisory Boards may also he in attendance. 'The ~1ty of A'Ventura -i}- "0".,/ MINUTES LOCAL PLANNING AGENCY MEETING FEBRUARY 3, 2004 6 PM Government Center 19200 W, Country Club Drive Aventu,a, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow, Present were Commissioners Zev Auerbach, Ken Cohen, Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. APPROVAL OF MINUTES: A motion to approve the minutes of the November 20, 2003 LPA Hearing was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. 3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-241 ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" BY AMENDING SECTION 31-241(8) PROVIDING FOR PURPOSE; SECTION 31-241(b) PROVIDING FOR DEFINITIONS; SECTION 31-241(c) PROVIDING FOR APPLICABILITY; SECTION 31-241 (d) PROVIDING FOR GENERAL REQUIREMENTS AND MINIMUM STANDARDS; SECTION 31-241 (e) PROVIDING FOR PERMITTED USES ON PUBLIC PROPERTY; SECTION 31-241(f) PROVIDING FOR PERMITTED USES ON PRIVATE PROPERTY; SECTION 31-241(g) PROVIDING FOR CONDITIONAL USE; SECTION 31-241(h) PROVIDING FOR STANDARDS FOR BUILDINGS OR OTHER EQUIPMENT FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the ordinance was offered by Commissioner Cohen and seconded by Commissioner Diamond. Joanne Carr, Planning Director, addressed the Commission, Mayor Perlow opened the public hearing. The following individual addressed the Commission: Iia Feld, Esq., Leibowitz & Associates, the city's cable counsel. There being no further speakers, the public hearing was closed. An amendment was offered by Mayor Perlow, seconded by Commissioner Diamond and unanimously passed to clarify provision regarding special fee. The motion for approval, as amended, passed unanimously by roll call vote, 4. ADJOURNMENT. There being no further business to come before the Local Planning Agency, the meeting adjourned at 6:15 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the LPA on 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: BY: City Commission Eri, M. Somka. ,OC.J. City Manager (~ ~ Joanne Carr, AIC~ Planning Director, FROM: DATE: April 21, 2004 SUBJECT: Application for Amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for a .51 acre parcel on NE 34 Avenue and North Country Club Drive from CF, Community Facility District to RMF4, Multifamily High Density Residential District. (01-REZ- 04) May 4, 2004 Local Planning Agency Agenda Item 3 A May 4, 2004 City Commission Meeting Agenda Item -.1.fl:.. June 1, 2004 City Commission Meeting Agenda Item - RECOMMENDATION It is recommended that the City Commission deny the application for amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for a .51 acre parcel of land at northeast corner of North Country Club Drive and NE 34 Avenue from CF, Community Facilities District, to RMF4, Multifamily High Density Residential District, because it does not meet the standards for review of amendments to the Official Zoning Map set out in Section 31-77(f) of the City Code. THE REQUEST The applicant, Aventura Ensenada Inc., is requesting an amendment to the Official Zoning Map of the City of Aventura by amending the zoning designation for a .51 acre parcel of land at the northeast corner of North Country Club Drive and NE 34 Avenue from CF, Community Facilities District to RMF4, Multifamily High Density Residential District. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY: Aventura Ensenada Inc. NAME OF APPLICANT: Aventura Ensenada Inc. LOCATION OF PROPERTY: North Country Club Drive at NE 34 Avenue See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph LEGAL DESCRIPTION: Part of Tract F, First Addition Biscayne Yacht and Country Club, Plat Book 89, Page 100, as recorded in the public records of Miami-Dade County, Florida See Exhibit #4 for complete legal description SIZE OF PROPERTY: Approximately .51 acres DESCRIPTION ¡BACKGROUND The site is comprised of a .51 acre upland parcel at the northeast corner of North Country Club Drive and NE 34 Avenue. For the past 23 years, it has been used as a private park, maintained by the Joint Council of Aventura under a 1981 agreement between the Joint Council and various parcel owners on Country Club Drive. The site is a grassed area with trees, a bench, a flag pole, pet waste facilities and two "George Berlin Park" signs. As the applicant states in its Letter of Intent, the former County zoning on this parcel was RU-4A which permitted single family dwellings, duplexes, quadruplexes, townhouses, multi-family apartment buildings, at a maximum density of 50 residential dwelling units per acre, along with hotels, motels, public art galleries, libraries and museums, bungalow villa arrangements, housing projects, community residential facility and accessory uses. Height in the RU-4A zone was controlled by shadow, setback, floor area ratio and other site development criteria. The RMF4 zoning district requested by the applicant permits two family dwellings, triplexes and quadruplexes, townhouses, low-rise, mid-rise and high-rise apartments, publicly owned recreation buildings and facilities, playgrounds, playfields and parks and accessory uses, at a maximum height of 40 stories or 400' and a maximum density of 60 dwelling units per gross acre. At this density, a maximum of 30 units may be constructed on the .51 acre parcel. 2 Upon enactment of the City's Land Development Regulations in July of 1999, this parcel of land was zoned CF, Community Facilities District, to recognize its past and current use as a private park. The future land use designation of the parcel is Medium- High Density Residential. The City received no verbal or written objection from the applicant relating to the zoning of this parcel in 1999. Enactment of the City's Land Development Regulations was properly noticed as required by statute. The applicant has not submitted an application for site plan approval, but has requested preliminary comments on a proposed site plan at pre-application meetings with City staff. Although this application for rezoning includes only the .51 acre parcel at the northeast corner of North Country Club Drive and NE 34 Avenue, the applicant has advised that it proposes to join this parcel with other submerged lands that it owns and construct 206 residential units on the upland parcel. The traffic study discussed in this report has therefore examined development of 30 units based on the .51 acre rezoning parcel and 206 units proposed by the applicant with parcel consolidation. The manner of parcel consolidation has been proposed only. City staff have not made any determination as to the appropriateness of such a consolidation. The applicant has also been advised that upon submission of a site plan application, the plan would be subject to review under the criteria of Section 31-79 and all other relevant sections of the City Code. Rezoning approval is not approval of a site development plan. City staff has preliminarily commented that there are concerns as to traffic, drainage and lot configuration and that final review of any site plan would be conducted and comments provided upon submission of an application for site plan approval. For the purposes of this report, evaluation is made only on the 30 units per acre that would result from an RMF4 zoning designation on a .51 parcel of land. A survey of the site is attached. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Medium High Density Residential Water Parks and Recreation Medium High Density Residential Medium High Density Residential CF, Community Facilities District RMF4, Multi-Family High Density Residential District ROS, Recreation Open Space RMF4, Multi-Family High Density Residential District RMF4, Multi-Family High Density Residential District private park marina 3 Properties to the South: Properties to the East: Properties to the West: golf course 8 story residential condominium 16 story residential condominium Access - The parcel has approximately 156 feet of frontage on North Country Club Drive and approximately 146 feet of frontage on NE 34 Avenue. Conformity to City Comprehensive Plan - The proposed amendment is consistent with the existing future land use designation of Medium High Density Residential. The proposed amendment is not consistent with the Transportation Goal of the Comprehensive Plan, which is "to provide a safe and efficient multi modal transportation system appropriate to serve the needs of the City...". Standards for reviewing proposed amendments to the Official Zoning Map found in Section 31-77 of the Land Development Regulations: 1. Whether or not the proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment is consistent with future land use element of the City's Comprehensive Plan in that the parcel is designated as Medium-High Density Residential land use. The proposed amendment is not consistent with the Goal of the Transportation Element of the City's Comprehensive Plan, which is "to provide a safe and efficient multimodal transportation system appropriate to serve the needs of the City...". The traffic study attached as Exhibit #5 shows that the proposed development does not result in safe and efficient operation of the intersection. 2. Whether or not the proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. Although there are other RMF4 zoned lands to the east and west of this site, the proposed zoning district will not be compatible with existing uses as it will create increased traffic congestion and safety concerns in this neighborhood. 3. Whether or not the subject property is physically suitable for the uses permitted in the proposed district. The subject property is not physically suitable for the uses permitted in the proposed district. This site is located at a congested intersection and proposed development will increase that congestion. The property is located on a road that, due to its short length, is controlled by intersections on either end. A North Country Club Drive entrance is not recommended by the City's Traffic Consultant as access into the site from this street would have to be completed without the benefit of turn lanes or signalization at an existing median cut, which would create unsafe conditions. A 34 Avenue entrance is limited to right-in, right-out only due to the offset of the existing median. Drivers would therefore need to make u-turns at an already congested 4 intersection. The traffic report states that"... allowing left turn ingress at this location lie. NE 34 Avenue] would result in extended southbound queues along NE 34 Avenue and left turn egress would likely prove difficult particularly during the peak hours leaving drivers to accept gaps in through traffic that are usually rejected..." 4. Whether or not there are sites available in other areas currently zoned for such use. There are sites available in other areas currently zoned for RMF4 uses. 5. If applicable, whether or not the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. This standard is not applicable to this proposed amendment. 6. Whether or not the proposed change would adversely affect traffic patterns or congestion. The following information relative to existing permitted uses and the proposed amendment is excerpted from the traffic report from the City's Traffic Consultant, Tinter Associates Inc., Transportation Engineers, dated April 14, 2004 and attached as Exhibit #5. 0.51 Acre Parcel Zoning Category Daily Vehicle Tri s 1 231 PM Peak Hour 1 22 The report shows that the intersection of North Country Club Drive and NE 34 Avenue is congested at present and a 30 unit development will increase that congestion. The report notes that, due to the short length of NE 34 Avenue between North Country Club Drive and NE 207 Street, substantial vehicular queues cannot be accommodated. The p.m. peak hour traffic analysis of a 30 unit development shows the southbound queue extends far enough in the northern direction to adversely affect operation of the intersection of NE 34 Avenue and NE 207 Street. It also notes that the vehicular traffic from three approved but as yet unoccupied sites will reduce any available roadway or intersection capacity in this area. The traffic report further notes that "...as vehicular delays and queue lengths increase to unacceptable levels (reflecting saturated conditions) so, too, does the willingness of drivers to take chances they would not ordinarily take increase." These factors show that the proposed change would adversely affect traffic patterns or congestion. 5 7. Whether or not the proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Population Factor 1.79 The proposed change would not adversely affect population density such that the demand for water, sewers and other public facilities and services would be adversely affected. As noted in Standard #6, streets will be adversely affected by the proposed development. 8. Whether or note the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether or not the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The traffic concerns noted in the report referred to in Standard #6 pose a safety concern to the neighborhood and to the City as a whole. School Impacts - The application has been provided for comment to the Miami Dade County School Board in accordance with the Interlocal Agreement entered into between the City and the Board in February of 2003. The Interlocal Agreement provides that the School Board must first advise what options it has identified to meet the anticipated demand and, then, if the affected schools are at more than 115% capacity, the School Board will ask the applicant and the City to meet with it in a collaboration meeting to discuss additional options to relieve overcrowding. The School Board's letter of April 2, 2004 is attached as Exhibit #6. It notes that a 30 unit development on this site will impact the middle and high school currently operating at 181 % and 143% of FISH capacity and that the proposed development will generate three new students, one at each of the elementary, middle and high school levels. The Board's recommendation is that the applicant, the City and the School Board meet to discuss options and alternatives. Conclusion - An evaluation of the standards of review for amendment to the Official Zoning Map set out in Section 31-77(f) of the City Code clearly show that the application to change the zoning on this parcel to the RMF4 category does not meet those standards. Staff would support a reduced intensity of residential development on this site and suggests an RS2 zoning category which will allow single-family detached 6 dwellings, zero lot line dwellings, publicly owned recreation buildings and facilities, playgrounds, playfields and parks and accessory uses, at a maximum density of 25 dwelling units per net acre, a height of 3 stories or 55 feet with a minimum lot size of 4,000 square feet. The minimum lot size will allow a maximum of 5 dwellings (.51 acres or 22,215.60 square feet /4,000 square feet = 5 units). The City's Traffic Consultant has advised that traffic associated with 5 single family dwellings is not anticipated to have an impact on traffic patterns or congestion. 7 . ~""~"",,,~.M'"'cti~b",I", BERGER SINGERMAN attorneys at Jaw 8°" "'on For< L,"d"do', Mloml ""0""" Samuel E. Poole, t1I 954.627.9918 spoole@bergersingerman.com RECEIVED January 21,2004 JAN 2 2 200.' COMMUNITY ~l.OPfÐlr Joanne Carr, Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Letter of Intent Concerning Rezoning Private Property Known A1i. George Berlin Park Dear Ms. Carr: This letter is submitted on behalf of Aventura-Ensenada, Inc. (AEI), the owner of a .5l-acre parcel ofland at the northeast comer of Country Club Drive and northeast 34th Avenue identified by two signs as "George Berlin Park" (the AEI Property). The AEI Property and the adjacent properties were designated for high density residential and hotel uses by the 1969 master plan for Aventura, by the Dade County Zoning Code and Comprehensive Plan, and by the City of Aventura Comprehensive Plan. These zoning and planning regulations remained in place on all of these properties until July 13, 1999, when all but the AEI Property were designated as "Multifamily High Density Residential" (RMF4) by the adoption of the Aventura Land Development Regulations. The AEI Property alone was downzoned to "Community Facilities" (CF), for no reason other than "the property looked like a park." In fact, AEI has owned and paid taxes on the Property since 1971 with the expectation that the time would come when additional multifamily housing would be needed in Aventura. AEI believes that the AEI Property is needed to meet housing demand in Southeast Florida, where population growth continues notwithstanding the exhaustion of land supply in the western reaches of Miami-Dade and Broward Counties. The location of the AEI property is particularly advantageous to the new pedestrian oriented mixed-use development solution to automotive congestion due to the proximity of shopping, entertainment, employment and recreation within walking and community bus distances. AEI now desires to fulfill its reasonable investment-backed expectations by exercising its private property rights to build a multifamily residential building. The AEI Property retains (under the Aventura Comprehensive Plan) the high density multifamily designation established by the EXHIBIT 1 01-REZ-O4 350 East Las alas 8oulevard Suite 1000 Fort Laud..dale, Ftorida 33301 Telephone 954.525.9900 Facsimile 954.523.2872 Ms. Joanne Carr January 21,2004 Page 2 County in 1969. The City's redesignation of the AEI Property for high density multifamily use would bring the AEI Property back in line with adjacent properties, and would reconcile the conflict which currently exists between the City's Land Development Regulations, and the City's Comprehensive Plan, concerning the AEI Property. AEI therefore requests that the multifamily residential district be re-established on the AEI Property by designating the AEI Property as RMF4, consistent with the adjacent properties that carried the same zoning and planning designations as the AEI Property until the enactment of the Aventura Land Development Regulations on July 13,1999. Very truly yours, BERGER SINGERMAN ~o&K SEP 24 74c¡.s.1., "~,,~.,, ,ff",,~ b"I"" w'""o"",' 'O""" BERGER SINGERMAN atto,neys at law 'O" """,,.., "'oml ro".."", BROWARDCOU . ..-.-.-.-;'IT¥ DADE COUNTY:' :. :. :. :. :. :. :. :. :. :. :. !: :. :. iJ' IVES DAIRY RD. ~ :I: W X ë s: MIAMI GARDENS DR. Roadways City Boundary ZIP Cod e Boundary Railroad EXHIBIT 3 01-REZ-O4 A PARCEL OF LAND DESCRIBED AS A PORTION OF TRACT "r OF RRST ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO 11-IE PLAT 11-IEREOF, AS RECORDED IN PLAT BOOK 89 AT PAGE lOD OF 11-IE PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY). FlORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT 11-IE WEST 14 CORNER OF SECTION 35, TOWNSHIP 51 SOU11-I. RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FlORIDA: 11-IENCE S02'OO'25-E FOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO 11-IE ~OR11-IWEST: 11-IENCE ALONG 11-IE ARC OF SAID CURVE, HA>1NG A RADIUS OF 1091.35 FEET AND A CENTRAL ANGLE OF 10'9'43' FOR 196.74 FEET TO A POINT ON SAID CURVE: 11-IENCE 581" 4O'42"E ON A UNE RADIAL TO lHE POINT ON CURVE FOR 50.00 FEET TO A POINT ON lHE BOUNDARY OF SAID TRACT -F;" 11-IENCE S08'9'18"W FOR 1.69 FEET TO lHE POINT OF BEGINNING OF SAID PARCEL OF LAND; lHENCE ALONG lHE BOUNDARY OF SAID TRACT "r FOR lHE FOLLO\\1NG 11-IREE ( COURSES; (1) 11-IENCE CONTINUE SOS'9'IS"W FOR 96-00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO 11-IE NOR11-IEAST; (2) lHENCE ALONG lHE ARC OF SAID CURVE. HA>1NG A RADIUS OF 50.00 FEET ANO A CENTRAL ANGLE OF 90'00'00" FOR 7S.54 FEET TO 11-IE POINT OF TANGENCY; (3) lHENCE S81'40'42"E FOR 10£.00 FEET TO A POINT ON SAID BOUNDARY OF TRACT "F;" lHCNCE NOB'9'18"E FOR 146.00 FEET: 11-IENC NSI"4Q'42"W FOR 156.00 FEET TO lHE POINT OF BEGINNING. EXHIBIT 4 01-REZ-O4 __III._T..\ Tinter Associates, Inc. 'Transportation Engineers 3303 West Commercial Blvd-- Ste 201-- Ft. Lauderdale, FL 33309 -- (954) 484-3633--~,V&Ð;12 -- www,tinter,com April 14,2004 APR 1 6 2004 COMM~ITY DE\ÆLOI'MENT Ms. Joanne Carr, AICP City of Aventura 19200 West Country Club Drive Aventura. Florida 33180 RE: AVENTURA ENSENADA, INC. CITY OF AVENTURA TINTER ASSOCIATES PROJECT NO. 01-2051R Dear Ms. Carr. As requested by your office, and in accordance with our contract with Craven Thompson and Associates, Inc., this firm has examined conditions along North Country Club Drive and at the intersection created by North Country Club Drive and N.E. 34th Avenue. The impetus for this work effort is detailed in a letter from your office dated March 8, 2004 regarding a request for rezoning 0.51 acres located within the northeast quadrant of the referenced intersection. Figure 1, attached shows the general location of the site intended for development. A boundary survey transmitted with your March 8 correspondence was used as a basis for the following analysis. Backaround The subject property is now zoned CF (Community Facilities District) and is a private park with no on-site parking facilities. It is our understanding that the rezoning request is for RMF4 (Multi- Family High Density Residential District) with a maximum density of 60 dwelling units per acre. It is our further understanding that once this property is rezoned, the Applicant would like to join this land with other submerged land under the same ownership and apply for site plan approval for 206 residential units on the 0.51 acre upland parcel. The following report sections will evaluate both the trip-making potential and the effect on area transportation facilities of the request for rezoning to RMF4 (30 du) and the ultimate intended plan of 206 residential units. TriD Generation Trip generation characteristics were quantified through use of data available from the Institute of Transportation Engineers (ITE) report Trip Generation, 7th Edition. These documents provide trip generation data for a variety of development types based on daily and peak-hour scenarios, and often indicate the percentage split between entering and exiting trips. Table 1, at the back of this report, summarizes expected trip generation characteristics in three distinct scenarios: CF (Community Facility), RMF4 (30 Multi-Family Dwelling Units), and RMF4 with submerged property (206 Multi-Family Dwelling Units). Site traffic volumes shown in these tables were derived using rates provided in land use categories 'Park' (Land Use Code 411), and Residential CondominiumlTownhouse (Land Use Code 230). As shown in Table 1 the existing park produces minimal traffic with one (1) vehicle trip expected within a 24-hour period. EXHIBIT 5 01-REZ-O4 City of Aventura April 14,2004 Page 2 The request for rezoning to RMF4 (at 60 units per acre) should produce 231 vehicular trips in a typical 24-hour period with 20 trips occurring during the AM. peak hour (3 entering and 17 exiting) and 22 trips occurring during the P.M. peak hour (15 entering and 7 exiting). Similarly, the requested rezoning to RMF4 with consideration of the submerged property may yield 1,186 vehicular trips in a typical 24-hour period with 92 trips occurring during the A.M. peak hour (16 entering and 76 exiting) and 109 occurring during P.M. peak hour (73 entering and 36 exiting). Data Collection Tuming movement count data were collected at the signalized intersection of North Country Club Drive and N.E. 34 Avenue on Tuesday March 16, 2004. The data was collected during the typical A.M. peak hour of the roadway network (7:00 A.M. to 9:00 AM) and during an extended P.M. peak hour (2:00 P.M. to 6:00 P.M.). Figure 2, at the back of this report, shows existing A.M. and P.M. peak hour intersection tuming movements as observed by this firm. A 24-hour machine count was conducted along North Country Club Drive the results of which are also shown in Figure 2. Appendix A, attached, includes all count data as collected while Appendix B includes tuming movement summary sheets detailing existing traffic volumes and tuming movements attributable to the development as proposed. Proiect Traffic Distribution and Assignment The distribution of site-related traffic is the pairing of trip ends originating and terminating within the site with area land uses. Site traffic distribution characteristics were achieved through review of current vehicular travel pattems the results of which are shown in Figures 3 through 6. Figures 3 and 4 illustrate the effect of providing a driveway to the subject property along N.E. 34ti1 Avenue servicing 30 and 206 multi-family dwelling units, respectively. This access location has been limited to right-tum ingress and egress due to the offset of the existing median. In addition, allowing left-tum ingress at this location would likely result in extended southbound queues along N.E. 34ti1 Avenue and left-tum egress would likely prove difficult particularly during the peak hours leaving drivers to accept gaps in the through traffic that are usually rejected. Figures 5 and 6 show project-specific tuming movement volumes with a driveway provided along North Country Club Drive servicing 30 and 206 multi-family dwelling units, respectively. Although a median opening currently exists immediately east of the subject property, access is limited to right-tum ingress and egress due to the offset of the existing median. Capacity Analysis Analysis of daily conditions along North Country Club Drive, a 4-lane divided facility, was performed for existing and anticipated future traffic conditions with both development scenarios (30 du and 206 du). The roadway segment analysis shown on the following page provides the generalized maximum Level of Service volumes developed by the Rorida Department of Transportation in their most recent edition of Level of Service Standards and Guidelines Manual for Planning. As shown below, North Country Club Drive adjacent to the project site is currently operating within acceptable level of service thresholds and is expected to continue to do so under future scenarios. Traffic volumes studied, however, are not reflective of approved but as yet unbuilt development in the area. Three residential developments including The Parc at Tumberry (110 units), Tumberry Village (405 units), and The Hamptons (250 units) have been approved by City staff but are not yet occupied. Vehicular traffic associated with these developments will reduce any available roadway or intersection capacity noted herein. Tinter Associates, Inc. . Transportation Engineers City of Aventura April 14, 2004 Page 3 North Coun Club Drive Anal sis ;--~ss~t!~Jj~:' . '~bule N.E. 34u, Avenue N. Count Club Dr. 4LD 21,700 vpd 14,941 vpd 14,979 vpd 15,13 15,1 . vpd = vehicles per day Signalized intersection capacity analyses were completed for existin~ and future peak hour conditions for the intersection of North Country Club Drive and N.E. 34 Avenue. The analyses incorporate signal timing provided by Miami-Dade County and use of the Highway Capacity Software, a microcomputer software program based on methods outlined in Chapter 9 of the Highway Capacity Manual. The results of the intersection analysis are summarized below. A.M. P.M. N. Country Club Dr. A.M. P.M. . vehicular delay Is expressed In seconds per vehicle Although overall the intersection is shown to operate at Level of Service 'c' through each development scenario, the southbound left-tum was observed to deteriorate to LOS 'E' in both access scenarios with the addition of vehicular traffic associated with the 206-unit development. As a result of the increased left-tum delay and the fact that North Country Club Drive is extreme~ close to N.E. 207'" Street (within approximately 310 feet) resulting in the inability of N.E. 34 Avenue to accommodate substantial vehicular queues, vehicular queue lengths associated with each development scenario have been examined. From the signalized intersection analysis the following 95-percentile queue lengths were noted. 3.0 3.0 13.0 10.0 0.9 1.2 20.9 11.1 3.0 10.0 1.2 11.1 3.0 10.0 1.2 11.1 3.0 10.0 1.2 11.1 3.0 10.0 1.2 11.1 Tinter Associates, Inc. . Transportation Engineers City of Aventura April 14,2004 Page 4 As shown above, three of four intersection approaches will be affected by the proposed development whether 30 or 206 units are constructed. Eastbound queues should experience an increase of one (1) queued vehicle during the studied peak hours. Similarly, westbound queues may see an increase of 2 to 3 vehicles. Northbound vehicular queues are expected to remain relatively stable while southbound queues may experience an increase of up to 4 vehicles during the P.M. peak hour. The southbound queue, as calculated by the Highway Capacity Software, extends far enough in the northem direction to affect operation of the signalized intersection of N.E. 34'" Avenue with N.E. 207'" Street. Please note, the above analyses rely on the completion of u-tums. For the north access scenario the u-turn maneuver (entering) is a southbound to northbound movement at the signalized intersection. For the south access scenario the u-tum maneuver (entering) is an eastbound to westbound movement at the existing median opening immediately east of N.E. 34'" Avenue while a second u-tum maneuver (existing) is a westbound to eastbound movement at the signalized intersection. The latter two u-tum maneuvers would have to be completed within existing travel lanes, as exclusive tum lanes are currently not available. The Applicant should demonstrate how these maneuvers can be completed in a safe and efficient manner. Conclusions From the analysis described above the following can be concluded: . The existing park produces minimal traffic with one (1) vehicle trip expected within a 24- hour period. . The request for rezoning that would result in construction of 30 multi-family dwelling units should produce 231 vehicular trips in a typical 24-hour period with 20 trips occurring during the A.M. peak hour and 22 trips occurring during the P.M. peak hour. . The request for rezoning and consideration of submerged properties that would result in construction of 206 multi-family dwelling units should yield 1,186 vehicular trips in a typical 24-hour period with 92 trips occurring during the A.M. peak hour and 109 occurring during P.M. peak hour. North Country Club Drive is currently operating within acceptable levels of service and should continue to do so upon buildout of either 30 or 206 dwelling units. Traffic volumes studied, however, are not reflective of approved but as yet unbuilt development in the area. Vehicular traffic associated with unbuilt development will reduce or eliminate completely any available roadway or intersection capacity noted herein. . Although overall the signalized intersection of North Country Club Drive at N.E. 34th Avenue is shown to operate at Level of Service 'c' through each development scenario, the southbound left-tum was observed to deteriorate to LOS 'E' in both access scenarios once vehicular traffic associated with the 206-unit development is considered. Please note that as vehicular delays and queue lengths increase to unacceptable levels (reflecting saturated conditions) so, too, does the willingness of drivers to take chances they would not ordinarily take increase. Tinter Associates, Inc. . Transportation Engineers City of Aventura April 14,2004 Page 5 . The Queue Analysis completed and described herein shows an increase in the number of vehicles queued on eastbound, westbound and southbound approaches. . The southbound queue, as calculated by the Highway Capacity Software, extends far enough in the northem direction to affect operation of the signalized intersection of N.E. 34th Avenue with N.E. 207th Street in every P.M. peak hour scenario. Ingress volumes associated with the 206-unit scenario will likely warrant construction of a right-tum lane. The Applicant should, of course, document available right-of-way and address adequacy of the property frontage to construct such a tum lane incorporating current design standards. I trust the infonnation contained herein will assist in your review of the rezoning request of 0.51 acres from CF to RMF4. Of course, should you have questions regarding the issues discussed herein, please do not hesitate to contact me directly. Very truly yours, J-: ~~ ~ J. Suzanne Danielsen, P.E. Senior Project Engineer JSD:tlb W\2OQ1_\o1.2051ROO1 Tinter Associates, Inc. . Transportation Engineers Aventura Ensenada Inc. 1: ~ Tinter Associates, Inc. Transportation Engineers - 3303 W. Commercial Blvd. Ste. 201 Ft. Lauderdale, FL 33309-3412 . (954) 484-3633 Fa,,: (954) 484-9612 www.tmter.comoCert. ofAuth.No.00004149 Site Location ~ Aventura Ensenada Inc. Existing Traffic Volumes T. Tinter Associates, Inc. Transportation Engineers 1 .'" 3303 W. Commercial Blvd. Ste. 201 ! ~, Ft. Lauderdale. FL 33309-3412 ~ (954) 484-3633 Fax: (954) 484-9612 ~ www.tinter.com.Cert. ofAuth.No.00004149 G N.E. 34 Avenue Access 30 Multi-Family Dwelling Units. Tinter Associates, Inc. y. ~ Transportation Engineers 3303 W. Commercial Blvd. Ste. 201 - Ft. Lauderdale. FL 33309-3412 (954) 484-3633 Fax: (954) 484-9612 www.tinter.com.Cert.ofAuth.No.OOO04149 ,1"';11 i Aventura Ensenada Inc. i Aventura Ensenada Inc. : N.E. 34 Avenue Access 206 Multi-Family Dwelling Units y. Tinter Associates, Inc. Transportation Engineers -~ 3303 W. Commercial Blvd. Ste. 201 ~, Ft. Lauderdale, FL 33309-3412 (954) 484-3633 Fax: (954) 484-9612 www.tinter.com.Cert. of Auth.No.00004149 Aventura Ensenada Inc. T. Tinter Associates, Inc. Transportation Engineers -~ 3303 W. Commercial Blvd. Ste. 201 ~~ Ft. Lauderdale, FL 33309-3412 .(954)484-3633 Fax: (954) 484-9612 www.tmter.comoCert. of Auth.No.OOO04149 ~ North Country Club Drive Access 30 Multi-Family Dwelling Units Aventura Ensenada Inc. T. Tinter Associates, Inc. Transportation Engineers -~ 3303 W. Commercial Blvd. Ste. 201 ~ Ft. Lauderdale. FL 33309-3412 (954) 484-3633 Fax; (954) 484-9612 wwwtinter.com.Cert. ofAuth.No.OOOO4149 iFtGCRE i \6 North Country Club Drive Access 206 Multi-Family Dwelling Units APPENDIX A Existing Traffic Volume Count Data PD&E 10891 LA REINA ROAD, SUITE 100 LOCATION: COUNTRY CLUB DRIVE @ DELRAY BEACH, FL 33446 N.E. 34TH AVENUE TEL (561) 498-2304 FAX (561) 498-2305 CITY: AVENTURA COUNTY: MIAMI - DADE File Name: 34CCD Site Code: 00000000 Start Date: 3/16/2004 Page No : 1 """'" " ' 36 921 " 87 '" 13 16 ' 34 J9 " , 10 343 0015'" " ' 59 130 41 90 132 17 . 1 " 51 " 2 " '" ",.,'" " . 51 117 .. .. ," " 12 ' 30 " '" 121 397 ","'" OJ ' 43 115 " 87 143 2J 22 3 48 38 48 ' 90 J96 T... 238 27 '" '" '" 352 "" ' " 13 138 190 1T6 12 31Ø, 1521 0200 PM " , .. IOS " 63 120 12 ' 27 71 68 . 15' 3" "'15 PM 73 3 " 132 61 " "" T 16 53 '" 110 JT7 """PM 10 . 48 126 48 " 132 7 ' 16 61 " 7 ,., ... ""'PM " . " "' 32 90 13 7 7 16 75 48 ' 12' '" T'" 265 24 113 48' '" 26J ... J5 32 68 '" ", 24 51' 1531 01-00 PM 90 16 " 126 " 87 '" 7 3 " " " 3 107 '" 0>15 PM 91 12 " 148 " " '" 7 12 " " 56 11 126 '" 0130 PM 85 . 51 144 " " 133 ' 10 17 52 90 ' 116 410 ""PM .. 12 " '" 51 10 121 " ' 22 " 56 12 151 '" TOO 324 48 '" '" '" 30' '" 31 34 72 261 '" 30 500 16" """PM " 13 41 134 " " 123 " 16 .. '" 136 ... ",15 PM 1Ø 7 " 131 " " 120 " 10 .. '" 132 J9J ":30 PM .. 16 " 151 61 80 "" 5 11 75 " 7 '" '" ","PM 80 11 56 148 40 " 119 9 5 16 87 " 9 15' 437 T'" J26 " '" '" 203 "8 5" " 22 53 290 '44 34 569 16" """PM 96 7 " ". " 61 108 3 ' 10 87 51 7 '" 411 ""15 PM " . " '" 50 " 112 " 13 80 50 11 "7 '" 05:30PM 96 , .. 151 36 56 92 10 7 " 9J OJ 16 173 '" ""PM 91 " 21 122 52 " 107 ' 10 12 " " 13 120 381 T'" 36' 34 161 '" ," 230 '" 21 29 " 322 215 " '" 1622 .....01... 1560 197 "" 1 "131 20 1190 "" , 28731 217 '16 43 0 "'\ "" 1m '" , 27531 9015 -~ 57.0 '.8 36> 0.0 0,7 40.' 68.' 0.1 ",' "., 9.0 0,0 '" 4>8 '.8 02 T"'~ 16.' t2 11.7 0.0 32.3 0.' '" 18.8 0,0 31.' 14 14 0.5 0.0 " 15,' 13.1 1.8 0.1 ." PD&E 10891 LA REINA ROAD, SUITE 100 LOCATION: COUNTRY CLUB DRIVE @ DELRAY BEACH, FL 33446 N.E. 34TH AVENUE TEL (561) 498-2304 FAX (561) 498-2305 CITY, AVENTURA COUNTY: MIAMI - DADE File Name: 34CCD Site Code: 00000000 Start Date: 3/16/2004 Page No : 2 27 '89 0 484 4 19' 352 0 " 13 0 138 100 176 12 0 "8 "" '.9 4'-' 0.0 0.1 35,4 83.9 ., 420 9.4 0.0 SO,3 "" 3.2 0.0 8 51 0 117 1 .. 84 0 12 4 0 '" 62 55 4 0 t" 397 09" ",00 AM ",30 AM " 130 2 " 87 22 48 62 55 121 OJ73 0.719 0.781 ou In Tolai C@ <S4 ~ '.9 2 238 0 "'7 Left lJtm 1-. ]~ ~¡j ~3J ~~- t I North '4~ 00 êJ!'. Os " <-~~ ,,~ '5~ 00 N- -h ..!i.. !:Ii" ~O Q~ ~!: .., i r Left TIru U1m 6 58 13 0 ~ 138 D!D Out In Total PD&E 10891 LA REINA ROAD, SUITE 100 LOCATION: COUNTRY CLUB DRIVE @ DELRAY BEACH, FL 33446 N.E. 34TH AVENUE TEL (561) 498-2304 FAX (561) 498-2305 CITY: AVENTURA COUNTY: MIAMI - DADE File Name: 34CCD Site Code: 00000000 Start Date: 3/16/2004 Page No : 3 " 197 1 sgo , 196 278 0 '50 22 2J 5 0 " 329 '" " 0 593 1713 7.1 33.' 0.2 1.3 50.' 57.9 0.0 44.0 ".0 '"0 0.0 55.5 J6.B 5.7 0.0 16 47 , 151 0 61 " 0 141 , 5 2 0 11 75 55 7 0 147 ", .." ..,3"'" ","PIA ..,"PIA 16 47 151 0 61 " 147 9 16 87 " 15' 0.977 0.551 0,781 0.963 '9 42 350 , Rit' - Left U1m ,J 1 4 -~ "0 ~.. ~ ~--1 £~ ~ ~----t ¡¡:E æ-.. T North u~ ;tal 00 ~5'0 ;;§ °0 °]; => <-[~ "'¡m gO ~o ~¡ 'ì T ,. Left - 'hi Utm 222350 c:::::rn 0.. 50 CillJ In Total PD&E 10891 LA REINA ROAD, SUITE 100 LOCATION: COUNTRY CLUB DRIVE @ DELRAY BEACH, FL 33446 N.E. 34TH AVENUE TEL (561) 498-2304 FAX (561) 498-2305 CITY: AVENTURA COUNTY: MIAMI - DADE File Name: 34CCD Site Code: 00000000 Start Date: 3/16/2004 Page No : 1 ,...... 0<15... OUI... "",... TOO :1 5 . 21 10' 10 11 7 .. 5 1 5 . 21 10 10 17 7 .. _PM O>15PM 0>30 PM 0>45 PM T" _PM 03:15PM 03:30PM 03:45PM T.. , , 3 3 " , , 3 3 " 3 9 1 0 13 3 9 1 0 13 04:00PM O""PM 04:30PM 04,45 PM TOO 1 2 , . 13 1 1 , . 13 ""'PM ..15 PM OS:30PM OS", PM T" . 5 5 8 22 . 5 5 , 22 "'.,IT" -,% TOO % 761 63\ 0 0,0 0.0 1341 14.6 0 76 0,0 100.0 OJ 8~ 0 0.0 0.0 0 0.0 0.0 0 134 0.0 100.0 0.0 14.' 0 0.0 0.0 60 .. 62 53 219 2 . 10 7 23 10 10 7 5 31 7 . 1 12 30 20 25 31 2B 105 0 0.0 0.0 '" 100.0 ".8 0 0.0 0.0 0 0,0 0,0 6O! .. 62 53 219 2 . 10 T 23 10 10 7 5 31 7 . 7 12 30 20 25 31 2B 105 "'I "., 10 . 1 7 23 10' .' 1 1 13 85 85 85 71 301 11 8 13 9 41 2 0 0 . 10 2 0 0 . 10 21 2S 11 16 73 11 1 17 21 " 24 33 40 40 137 0 0.0 0.0 671 731 91. 67 100.0 7.3 0 0.0 0.0 0 0,0 0,0 PD&E: 24 HOUR MACHINE COUNT Volume Report with 24 Hour Totals Page 1 ******************************************************************************** Data File: D0316001.PRN Station: 000003150410 Identification: 000000001010 Interval: 15 minutes Start date: Mar 16, 04 Start time: 00: 00 Stop date: Mar 16, 04 Stop time: 24:00 City/Town: AVENTURA County: MIAMI-DADE Location: N CTRY CLUB (E OF NE 34 AV)LN1=EB,LN2=WB ******************************************************************************* Mar 16 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- - - - - 15 14 12 4 4 4 5 9 35 95 123 104 106 30 25 12 2 1 1 5 18 58 102 117 100 111 45 6 7 3 2 7 4 18 59 120 86 109 106 00 17 5 1 3 3 6 32 87 110 103 117 114 -------- - - - - Hr Total 62 36 10 10 15 20 77 239 427 429 430 437 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- - - - - 15 137 102 131 121 149 145 153 133 112 96 72 49 30 133 131 121 140 136 151 136 131 81 98 62 38 45 104 122 133 140 152 152 134 108 118 64 68 33 00 133 101 116 147 138 155 133 128 112 82 52 36 -------- - - - - Hr Total 507 456 501 548 575 603 556 500 423 340 254 156 ------------------------------------------------------------------------------- 24 Hour Total : 7611 AM peak hour begins : 11:30 AM peak volume : 490 Peak hour factor : 0.89 PM peak hour begins : 17:15 PM peak volume : 611 Peak hour factor : 0.99 ******************************************************************************* Mar 16 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- -- - - 15 20 11 3 4 3 5 22 73 142 159 139 129 30 10 11 2 1 5 6 23 90 139 144 148 139 45 13 1 2 4 5 15 34 104 125 133 144 146 00 7 6 5 1 8 8 70 109 145 150 141 146 -------- -- - - Hr Total 50 29 12 10 21 34 149 376 551 586 572 560 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- -- - - 15 136 114 122 144 127 119 101 93 65 48 41 33 30 119 129 121 148 128 104 100 96 60 45 39 22 45 129 141 131 124 146 111 100 81 36 43 30 16 00 126 124 120 124 119 110 116 73 53 36 19 18 -------- ---- Hr Total 510 508 494 540 520 444 417 343 214 172 129 89 ------------------------------------------------------------------------------- 24 Hour Total : 7330 AM peak hour begins : 09:00 AM peak volume : 586 Peak hour factor : 0.92 PM peak hour begins : 14 :30 PM peak volume : 543 Peak hour factor : 0.92 PD&E 24 HOUR MACHINE COUNT Volume Report with 24 Hour Totals Page 2 ******************************************************************************** Data File : D0316001. PRN Station: 000003150410 Identification: 000000001010 Interval: 15 minutes Start date: Mar 16, 04 Start time: 00:00 Stop date: Mar 16, 04 Stop time: 24: 00 City/Town: AVENTURA County: MIAMI-DADE Location: N CTRY CLUB (E OF NE 34 AV)LN1=EB,LN2=WB ******************************************************************************* Mar 16 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- -- -- 15 34 23 7 8 7 10 31 108 237 282 243 235 30 35 23 4 2 6 11 41 148 241 261 248 250 45 19 8 5 6 12 19 52 163 245 219 253 252 00 24 11 6 4 11 14 102 196 255 253 258 260 -------- - - -- Hr Total 112 65 22 20 36 54 226 615 978 1015 1002 997 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- -- - - 15 273 216 253 265 276 264 254 226 177 144 113 82 30 252 260 242 288 264 255 236 227 141 143 101 60 45 233 263 264 264 298 263 234 189 154 107 98 49 00 259 225 236 271 257 265 249 201 165 118 71 54 -------- --- - Hr Total 1017 964 995 1088 1095 1047 973 843 637 512 383 245 ------------------------------------------------------------------------------- 24 Hour Total : 14941 AM peak hour begins : 08:30 AM peak volume : 1043 Peak hour factor : 0.92 PM peak hour begins : 15:45 PM peak volume : 1109 Peak hour factor : 0.93 ******************************************************************************* APPENDIX B Intersection Summation Worksheets Table 1 Aventura Ensenada, Inc. Trip Generation Dally Analysis A.M. Peak Hour Analysis P.M. Peak Hour Analysis """.,"""'...'...".G_.....-,.,-..-.....,..'__r_...'....... ""-~"""-""-"' Tinter Associates, Inc. Table 2 Aventura Ensenada, Inc. Intersection Summation Assuming N.E. 34th Avenue Access and 30 Multi-Family Dwelling Units Factors Northbound Eastbound Westbound Toto' % LT Thru RT LT Thru RT LT Thru RT Existing 67 58 13 238 27 189 190 176 12 4 195 352 1,521 Season 67 58 13 238 27 189 190 176 12 4 195 352 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dey 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backgr'd 67 58 13 238 27 189 190 176 12 4 195 352 3 in Project 0 0 0 1 0 0 1 0 0 0 0 1 3 17 out Total 67 - 58' 13' 239- 27' 189 . 191. 176' 12' 4' 195' 353 . 1,524 Factors Northbound Southbound Eastbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712 Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dey 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backgr'd 22 23 5 350 42 197 329 230 34 6 196 278 15 in Project 0 0 0 5 0 0 5 0 0 0 0 5 15 7 out Total 22. 23' 5.355' 42' 197' 334. 230' 34- 6' 196- 283 1,727 Tinter Associates, Inc. Table 3 Aventura Ensenada, Inc. Intersection Summation Assuming N.E. 34th Avenue Access and 206 Multi-Family Dwelling Units .,. Factors Northbound Southbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT Existing 67 58 13 238 27 189 190 176 12 4 195 352 1,521 Season 67 58 13 238 27 189 190 176 12 4 195 352 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backg~d 67 58 13 238 27 189 190 176 12 4 195 352 16 in Project 0 0 0 5 0 0 5 0 0 0 0 6 16 76 oul Total 67. 58, 13. 243 . 27. 189. 195. 176. 12, 4, 195. 358 . 1,537 Faetors Northbound Southbound Eastbound Westbound Total ¥. LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712 Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backg~d 22 23 5 350 42 197 329 230 34 6 196 278 73 in Project 0 0 0 26 0 0 26 0 0 0 0 21 73 36 out Total 22. 23- 5 - 376. 42.197. 355- 230. 34' 6 . 196 . 299 . 1,765 Tinter Associates, Inc. Table 4 Aventura Ensenada, Inc. Intersection Summation Assuming N. Country Club Drive Access and 30 Multi-Family Dwelling Units "~""i":', ~..:.; }..: :-.~'~;':' Eastbound Westbound LT Thru RT LT Thru RT Existing 67 58 13 238 27 189 190 176 12 4 195 352 Season 67 58 13 238 27 189 190 176 12 4 195 352 Growth 0 0 0 0 0 0 0 0 0 0 0 0 Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 Backgr'd 67 58 13 238 27 189 190 176 12 4 195 352 Project 0 0 0 1 0 0 0 1 0 6 5 6 Total 67, 58, 13' 239, 27, 189, 190, 177' 12' 10 200 358 Factors Total % 1,521 0.00% 0.00% 0.00% 3 in 19 17 out 1,540 Factors Northbound Southbound Eastbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712 Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backgr'd 22 23 5 350 42 197 329 230 34 6 196 278 15 in Project 0 0 0 5 0 0 0 5 0 2 3 2 17 7 out Total 22. 23. 5' 355, 42- 197- 329. 235 34- 8 199. 280, 1,729 Table 5 Aventura Ensenada, Inc. Intersection Summation Assuming N. Country Club Drive Access and 206 Multi-Family Dwelling Units '4' , ,", ';:;~\:" '",>A~. ":.\ Factors . "", Northbound Southbound Eastbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT LT Thru RT 67 58 13 238 27 189 190 176 12 4 195 352 1,521 67 58 13 238 27 189 190 176 12 4 195 352 0.00% 0 0 0 0 0 0 0 0 0 0 0 0 0.00% 0 0 0 0 0 0 0 0 0 0 0 0 0.00% 67 58 13 238 27 189 190 176 12 4 195 352 16 in 0 0 0 5 0 0 0 5 0 30 21 25 86 76 out 67, 58. 13. 243. 27. 189' 190' 181 12. 34' 216. 377. 1,607 '>'" '"', "'. Existing Season Growth Ap Dev Backg~d Project Total Factors Northbound Southbound Eastbound Westbound Total % LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing 22 23 5 350 42 197 329 230 34 6 196 278 1,712 Season 22 23 5 350 42 197 329 230 34 6 196 278 0.00% Growth 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Ap Dev 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Backg~d 22 23 5 350 42 197 329 230 34 6 196 278 73 in Project 0 0 0 26 0 0 0 26 0 10 13 13 88 36 out Total 22- 23, 5- 376' 42- 197. 329 256' 34. 16. 209. 291 . 1,800 --"""'" D- RECEIVED APR 0 5 2004 ~ . . .'. ." .. '.. . .' . " , ...Miâmi-DådeCountyPublic Schools giving our students the world April 2, 2004 Miami-Dade County School Board Dr, Michael M, Krop, Chair Dr Robert B. Ingram, Vice Chair Agustin J. Barrera Frank J. Bolaños Frank J. Cabo Perla Tabares Hantman Betsy H, Kaplan Dr. Marta Pèrez Dr. Solomon C. Stinson Ana Rljo-Conde. Interim Assistant Superintendent Facilities Operations, Maintenance and Planning Ms. Joanne Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Re: Aventura Ensenada Superintendent of Schools Merrett R. Stierheim Dear Ms. Carr: Pursuant to the state mandated and School Board approved Interlocal Agreement (Interlocal), local government, the development community and the School Board are to collaborate on options to address the impact of proposed development on public schools where the proposed residential development would result in an increase in the school's FISH capacity utilization (permanent and relocatable), in excess of 115%. Enclosed please find the School District's review analysis of potential impact generated by the above referenced application. Please note that two of the impacted school facilities meet the referenced review threshold. The proposed residential development will impact HighlanC: Oaks Middle and Dr. Michael Krop Senior High schools currently operating at 181 % and 143% of FISH % utilization, respectively (please see enclosed analysis). As such, it is our recommendation that dialogue between the School District and the above referenced applicant take place as it relates specifically to public schools in the affected area that meet the threshold. In an effort to meet the terms of the Interlocal, please send an email to morozco@facil.dade.k12.fI.us to schedule a meeting with District staff. Should you have any questions please call me at (305) 995-7287. Thank you, in advance for your cooperation in this matter. Please call me should you have any questions. Sincerely, VGV:mo L-2414 Enclosure cc: Mr. Fernando Albuerne Mr. Ivan M. Rodriguez Ms. Annie Betancourt EXHIBIT 6 01-REZ-O4 School Board Administration Building. 1450 H.E. 2nd Avenue, Suite 525' Miami, Florida 33132 305-995-7285. FAX 305-995-4760 . www.ARijo@facil.dade.k12.fl.us APPLICATION: REQUEST: ACRES: LOCATION: NUMBER OF UNITS: MSA: ESTIMATED STUDENT POPULATION: ELEMENTARY: MIDDLE: SENIOR: SCHOOL IMPACT REVIEW ANALYSIS Aventura Ensenada, Inc. Rezone from CF to RMF 4 0.51 acres N.E. 34 Avenue and North Country Club Drive 30 units 1.1 = 0.09 Multifamily 3 students. SCHOOLS SERVING AREA OF APPLICATION: ELEMENTARY: MIDDLE: SENIOR HIGH: Virginia Boone/Highland Oaks Elementary - 20500 N.E. 24 Avenue Highland Oaks Middle - 2375 N.E. 203 Street Michael Krop Senior High -1410 N.E. 215 Street .Based on Census 2000 Information provided by Miami-Dade County Department of Planning and Zoning. The following population and facility capacity data are as reported by the Office of Information Technology, as of February 2004: STUDENT FISH DESIGN % UTILIZATION NUMBER OF % UTILIZATION POPULATION CAPACITY FISH DESIGN PORTABLE FISH DESIGN PERMANENT CAPACITY STUDENT CAPACITY PERMANENT STATIONS PERMANENT AND RELOCATABLE Virginia 979/ 145%' 113%/ Boone/Highland 982* 677 145%* 186 114%* Oaks Elementary Highland Oaks 2,521/ 1,121 225%/ 270 181%/ Middle 2,522* 225%* 181%* Michael Krop Senior 3,620/ 2,429 149%/ 103 143%/ 3,621* 149%* 143%* *Includes proposed development. The cumulative effect of other approved or proposed developments are not part of this analysis. Pursuant to the Interlocal Agreement, please note that Highland Oaks Middle and Michael Krop Senior meet the review threshold of 115%. ADDITIONAL SCHOOL INFORMATION: The following information was provided by school site personnel or other data sources in October 2003: Virainia Boonel Hiahland Oaks Elementary Access to computers: In each classroom, special computer labs and Media Center Capital Improvements since 1990: None Recognition for Academic Achievement: Rated UN school by State Special Programs: Enrichment classes and Gifted classes Lunch schedule: From 10:15 a.m. to 1:00 p.m. Non-instructional space utilized for Instructional purposes: None Teachers required to float/travel: Art teacher Hiahland Oaks Middle Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for Instructional purposes: Teachers required to floaUtravel: Dr. Michael M. Krop Senior Hiah Access to computers: Capital Improvements since 1990: Recognition for Academic Achievement: Special Programs: Lunch schedule: Non-instructional space utilized for Instructional purposes: Teachers required to floaUtravel: In each classroom, special computer labs and Media Center Classrooms and Media Center FCAT"A" None From 11 :28 a.m. to 1 :46 p.m. Auditorium - large group instruction Library - 1 language Art class Gifted Science teacher In each classroom, special computer labs, Media Center and other areas Addition of two portable classrooms Siemen's Award for Advanced Placement Magnet programs, enrichment classes, after-school care, vocational and community classes From 10:18 a.m. to 12:23 p.m. Yes Foreign Language PLANNED RELIEF SCHOOLS IN THE AREA (information as of April 2004): School S/S "RR-1" New Middle School (Highland Oaks, Norland and John F. Kennedy Middle Relief) (1,445 Student stations) Status Pre- Planning Occupancy Date August 2007 S/S "D" New Elementary School (Madie Ives, Virginia Boone/Highland Oaks and Ojus Elementary) (1,068 student stations) OPERATING COSTS: According to Financial Affairs, the average cost for K-12 grade students amounts to $5,833 per student. The total annual operating cost for additional students residing in this development, if approved, would total $17,499. Pre-planning August 2007 CAPITAL COSTS: Based on the State's April 2004 student station cost factors., capital costs for the estimated additional students to be generated by the proposed development are: ELEMENTARY MIDDLE SENIOR 1 x $13,423 1 x $15,390 1 x $20,365 = $13,423 = $15,390 = $20,365 $49,178 Total Potential Capital Cost . Based on Information provided by the Florida Department of Education, Office of Educational Facilities Budgeting. Cost per student station does not include land cost. \ ORDINANCE NO. 2004- - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF NORTH COUNTRY CLUB DRIVE AND NE 34 AVENUE FROM CF, COMMUNITY FACILITIES DISTRICT TO RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura Ensenada Inc., through Application No. 01- REZ-O4, has applied to amend the Official Zoning Map of the City of Aventura by amending the zoning designation for one parcel of land (the "Property") at the northeast corner of North Country Club Drive and NE 34 Avenue, as legally described in Exhibit A attached hereto, from CF, Community Facilities District, to RMF4, Multifamily High Density Residential District; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes, and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approvaVdenial of the application to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and 1 Language in bold italics indicates a recommendation and decision to be made by the Local Planning Agency and the City Commission at public hearing. If rezoning is denied, the City Commission shall act by Resolution. Ordinance No. 2004- - Page 2 WHEREAS, the City Commission has reviewed the application for rezoning and has considered the testimony of all interested parties at the public hearings, and has determined that the rezoning requested by the applicant does/does not! meet the standards for approval of amendments to the Official Zoning Map as set forth in Section 31-77(f) of the City's Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the application for amendment to the Official Zoning Map of the City of Aventura to amend the zoning designation for one parcel of land located at the northeast corner of North Country Club Drive and NE 34 Avenue and legally described in Exhibit "Au to this Ordinance from CF, Community Facilities District to RMF4, Multi-Family High Density Residential District, is hereby granted/denied!. Section 2. Severabilitv, The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may Ordinance No. 2004- - Page 3 be revised so as to accomplish such intentions. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow PASSED on first reading this 4th day of May, 2004. Ordinance No. 2004- - Page 4 PASSED AND ADOPTED on second reading this 151 day of June, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this - day of June, 2004. CITY CLERK EXHIBIT A A PARCEL OF LAND DESCRIBED AS A PORTION OF TRACT "r OF FIRST ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK B9 AT PAGE 100 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE \\EST ~ CORNER OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA' THENCE S02'OO'25"E tOR 1.60 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE I<¡ORTH\\EST; THENCE ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1091.35 FEET AND A CENTRAL ANGLE OF 1019'43' FOR 196.74 FEET TO A POINT ON SAID CURVE; THENCE S81' 40'42"E ON A LINE RADIAL TO THE POINT ON CURVE FOR 50.00 FEET TO A POINT ON THE BOUNDARY OF 5AI0 TRACT -F; THENCE S0819"B"W FOR 1.69 FEET TO THE POINT OF BEGINNING OF SAID PARCEl OF LAND; THENCE ALONG THE BOUNDARY OF SAID TRACT -r tOR THE FOLLO\\1NG THREE ( COURSES; (1) THENCE CONTINUE SOB19'1B"W FOR 96.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; (2) THENCE AlONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 90'00'00" FOR 78.54 FEET TO THE POINT OF TANGENCY; (3) THENCE 581'40'42"E FOR 106.00 FEET TO A POINT ON SAID BOUNDARY OF TRACT "F; THENCE N0819'18-E FOR 146.00 FEET; THENC N81'40'42-W FOR 156.00 FEET TO THE POINT OF BEGINNING. = .. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)O) of the City d Avenlura Land Development Code, this AppIicanl Represeotative Affidavit is he!eby made and Slbn1lled. The lI1dersIgned authorized mpresentative of the InciYlduai or entity applying for the Development Permi~ which Is idenlil1ed In the aCCO/11>Bl1Ying tWlication, and the ownard the property ~act to the appficaIion (If liffarenij hereby rtSts aOO Identifies an persons J9P18SØnting the InåliiåJaI or entity applying for the Developmert Penrit In connacflon with 1ha application, as follows: Name RelBfionship (i.. NIamey., AA:h1tecIs, l.rJndsœpe M:h/føás, ~, Lobbyists, &) Samuel E, Poole, III Attorney Leonardo Rodriguez Civil Engineer Alfonso Jaramillo Architect Susan Fried Public Relations (Attach Adcftional Sheets ff Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY Atr( PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTrlY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. WITNESS MYHAND THIS 5th DA,YOF A~æDNmESENTAWc OF APPLICANT: ~~~~. p- (S Name: ~ence Lopater (Print) . . TItle: P.resident April ~ zoci'l OWNER By: (Signalure) Name: (Print) 1lUe: Address: Adå'ess: 888 Seventh Ave, Suite 3400 Ne.,. "'ark NY 10106 STATE oF! NEW YORK COUN1YOANEW YORK Before me the U11den!IIJ1ed authoñty personally appearedLawrence Lopater as the authorized representative of the Applicant and/or the owner d the property Stbjact to the application, who bsi~.. by me WIy. . d. swear or affinn that he/she executed llis Affidavit for the purposes atatsd therein and tllIt Ills Irue and conecl ~ ~ k ANT --- - SWORNTOANDSUBSCRlBEDBEFOREMEllis~dayof April ~. " , . iJ. a No PWllc Slate d I . 71' --- Printed Name of Notary My conmIssion expires: JUDITH A. BORY Notary Public, State 01 New 'lock No. 01B04654534 , Qualified In Nassau County Commission EJcplres November 30. 2OQ! ." '---'-' BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to SectIon 31-71 (b)(2)(ii) ofll1e City of Aventura Land Development Code. The undersigned Affoant hereby discloses that: (mark with '1:' applicable portions only) [')/)1. ~t does m1 have a Busness Relationship with any member of 1he City Commission or any City Advisory Board 10 which 1he appication will be presented. ! ]2. Affiant hereby discloses that tt do8s have a Business Relationship with a member of lI1e CIty Commission or a City Advisory Board \0 which the application will be presented, as 101l0ws: (Ust name of Commissioner or Advisory Board Member) who serves on lI1e (Ust City Commission or City Advisory Board upon which member serves). The nature of lI1e Business Relationship is as follows: []1. I.\ember o! City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of AppI'IC8I1\ or Representative; !JÏi. [] Hi. Member of City Commission or Board is a partner, co-shareho1der (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer wi1h lI1e Applicanl or Representative In any busi1ess venture; The Appncant or Representaflve is a Cnent of a member 01 lI1e City Commission or Board or a Client of another professional working from lI1e same offICe or for lI1e same employer as the member of lI1e City Commission or Board; The Applicant or Representative Is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000,00 of lI1e business of the member of the City Commission or Board (or his or her employer) in a given calendar yea~ I] vi. The member of lI1e City Commission or Board Is a Customer of lI1e Applicant or Representative and transacts more than $25,000.00 of lI1e business of lI1e Applicant or Representaflve in a given calendar year. WITNESS MY HAND THIS st"- DAY OF A.¡ ,. . ., APPUCANT: AVENTURA-ENSENADA, INC. ~~~~r ~ ;::r;ture} Trtï;:~~ (pmt) [) Iv. []v. A City Commissioner or Board member Is a Client of lI1e Applicant or Representative; 2OO,'f WITNESS MY HAND THIS - DAY OF PROPER1Y OWNER: I 20<\11 By: Nama: Trtle: (Signature) (Pmt) (Print) 'The leans "Business Relallonshlp,' "COent,' "Customer,' 'Applicant,' 'Representative' IJJ1d 'Interested Person" are defined in Section 2-395 of the A vantuta City Code. =" ^",w y~¡(,,- STATEOF~ ) COUNTY OF ~"- 8eIor8 me,"" undecs1gnod~, IOC$OCIdy 8p!IðIlI!d ¿¡¡¡.Ircn",- Lor",+u-tle MrIl1'A,.me beiIg irstby me dtAy ""'"'- d¡......,.or olf,", flat helsM u.eeuIoII ~ ~ for ... puq>oses ~ fIeNtt ond ht. Is Iruo ond ~ ~ -- SWORNTOANDSUBSCruBEDbeIo!eme~5"" day of Afr; I ~ , - a a JUDITIiA. BORV = - ~ Notary Public, State of New York PtA>IioSta",ol,. No, 01804654534 Qualified in Nassau Coun~ Prinled Name of NoIary Commission expires November 3 I!O 2.f" My"""'1\lSSlOn.><pn..~ STATE OF A.ORIOA ) -COUNTY OF I.IIMU-DADE) BeIoct me. ... lI'4eo¡l¡oed autooIIty. IØ<$OCIdy 8p!IðIlI!d -.. 0-*'<1 t.Is IJIi:..t for... puq>oses ~ ......In and fIeI. Islruo ond 00C10Cl NOTARlZA110N PROVISION 1ho MianI, .me being i<sI by me dtAy sworn, did swear or olf,", 1ho1 SWORN TO AND SUBSCRIBED before me this - day of AfIWIT 2OOf,.. NOIaly PublicStala ofFloridaAllorge P MIed Name 01 Not/¡Jy My commIssIon .><p~ STATEOFR.ORIDA ) COUNTY OF M1AMI-oolDE) BeIore me. the unde¡¡lgned authoriIy. pe<>OOaIy_red hoMo oXO<Uied ~ IIIfJdavlllor 1ho pur¡JO$&$ staled 1ho..1n and hI. Is Iruo and <:o<reet Iho 1IIf"",~ .me bel1g tim by me duly £wom, d'd .-.vear or olfum lhal þ,ff1,6J{f SWORN TO 00 SUBSCRIBED before me tNs _day of ~ NoIoIy PublicStata of Florida AI lorge P- N8mo 01 HaUry \'\y_.~ STATE OF FlORIO.'. ) COUNTY OF t.\W.U-OADE) Before me, tie llldacsignod auIhodty, patSOMly _ed hoMo .- tt1s A1Iidovll for .... ........ ~ ......In IN! \hat. Is Iruo and ~ ....1IIf1&l\t, .me being fiIslby me dulyr /I. d'd_oralfll11\ Iha1 þ,ff1,6J{f SWORN TO AND SUBSCRIBED before me 1h\s - day of 2OOJ- Nolar{ Public Sta'" of Florida Allorge PMIed N8mo 01 Notary My """'1\ISSIOn 0ICP'œ",----- ~ BusiNESS RELATIONSHIP AFFIDAVIT" This Alfldavft is made pursuant 10 Section 31-71 (b)(2)(ii) of the City of Avenlura Land Development Code. The undersigned Affiant hereby discloses that: (marl< with "x' applicabie portions only) !Ic11. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board 10 which \he application will be presented. ( ]2. Affiant hereby discloses thalli does have a Business Relationship with a member of the City Commission or a City Advisory Board 10 which the application will be presenled, as follows: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member []i. The nature of the Business Relationship is as follows: [Iii. []iii. [Jiv. [] v. Member of City Commission or Board holds an ownership interest in excess of 1 % of lotal assets or capital stock of Applicant or Representative; Member of City Commission or Board is a partner, co-shareholder (as 10 shares of a corporalion which are not listed on any national or regional stock exchange) or joint venlurer with the Applicant or Representative in any business venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for Ihe same employer as the member of the City Commission or Board; A City Commissioner or Board member is a Client of the Applicant or Representative; The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS '2.() DAY OF JANUARY B@';"¡-1.I~u~ lit.- (Signature) Name: ca",,)el Eo. ?OÐ'e. 11\ (Print) Tille: J.."1"'n>_ßY (Print) PROPER By: Name: Tttie: ,200'1 'I It /';'7 NOTARIZATION PROVISION STAlCOF.--:?G-~~ , COUNTYOF ~j"..-....l--- A~¿ t! Belolo me,l>o 1llder>iQ1Ied 1UII1cxïy, pe..onaly . ~ zz¡: !he Affiant. v.t.o bei>g Irs! by me duly cv.cm, cfoj.-..at 0( atrll1l1l>ol heIshe .reaMd ... Afftdavi! 10< lie purposes stiled 1>01910 end 1\11 k Is We and c:orred. ~ ~ e. :?- ;I ~ AFFIANT .).OdaYr:J, '1 ~.,.~v Pu" OFACIALNOTAAVSEAL - ~ ð 7/ /} . I 0 (, CAROI.HCAMPEN (!'~~ CX"""' ~-.-,~ ~~ ~ COMMISSION NUMBER NotuyPwl1cSlaleol ~ ~ J DD122263 71<- o~ MY COMMISSION EXPIRES Printed Name 01 NoIary °nc JUNE1B.2006 My convnission eiq>íres:- Belolo me, !he llldersigned euIhority, petSOnaIy ewearect .reaMd ... Afftdavillo< 1he puq>oses staled ......10 end I\a1 k Is We and c:orred. AFFIANT 2007.- STAlCOFR.ORIDA ) eoutm' Of MIAMI-DADE) Beloce me, the undetSigned authority, P"'" appeared heIshe e>2OJted this Affojavit 10( 1he purposes staled therein e that k Is !rue and "",eel STAlCOFR.ORIDA ) COIJNTY OF MIAMI-DADE) n, cfoj .-..at or elf"" thaI AFFIANT 2OOJ- Printed Name 01 No\aIy My convnIssIon e>¡><es: BUSINESS RELATIONSHIP AFRDAVlTt This Affidavit Is made pursuant 10 Section 31-71(b)(2)(ii) 01 the City of Aventura Land Development Code. The undersIgned Aff1lll1t hereby discloses that (mark with 'X' applicable portions only) bð1. Affiant does DQ! have a Business Relationship with any member of the City Commission or any City Advisory Board \0 which lie application win be presented. Aff18J1l hereby discloses thaI " does have a Business Relationship with a member 01 the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on lI1e (Usl City Commission or City Advisory Board upon which member 1]2. serves). []i. The nature of the Business Relationship is as lollows: JH. J Hi. []Iv, []v. Member of City Commission or Board holds an ownership illerest in excess of 1 % of Iotal assets or capital stock of Applicant or Representative; Member 01 City Commission or Board is a partner, co-shaieholder (as 10 shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the AppUcant or Representative in any business venture; The Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client of enother professional working from the same office or lor the same employer as the member of the City Commission or Board; A City Commissioner or Board member Is a Client of the AppDcant or Representative; The ApprlCal1t or Representative is a Customer of the member olilie City Commission or Board (or 01 his or her employer) and transacts more than $10,000.00 01 the business of the member 01 the City Commission or Board (or his or her employer) in a given calendar yea~ [ ] vi. The member of the City Commission or Board Is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business 01 the Applicant. or Representative in a given calendar year. WITNESSMVHANDTHIS~DAYOF JANUARY ~. R~~I\' e.t-tTt>; E l .. 200,,/ By' Name: rJtle: -.---- H_'____. ._.... . - -. .. ---- STAlEOFi Floíld,ú- '7\. COUNIYOF N!rQyv\r - vad~ Bt\xe me, Ø1I ~ aubriy, pec-sonaIy appNlOd ¡PO'JQrclo{;;cl7~~","_M ~. me duly....... d'd....... or affm f1at ' ..... tl:eCUlød IllS A1I'tdM for I1e QpO$U silled ""..In and flaliis true and CC<IICl ~' ' mwiT at1 ~ OFFlCIALNOTARYSBAL SWORNTOANDS\JBSCR1BEDbeloremethls~dayol L 2(Xj'l . ,4:"~GLADYSMARGARITACAMPOS , Nowy Public StateofAorida , 0 . Commission No. DO 168241 C ".,1 fr.. My Comi..ion E.pircl Dee, 1.2006 Prinled or MyCOll1lTllsSlonoXP1ru:v<À' ' NOTARIZATION PROVISION STATEOFFLORIDA ) .COUNTY OF MIAM1-D.\DE) Before mo, Ø1I -<SIgMd ouIhodIr, pe....-.aly oppeared oooc:ulod toIs AIIiduIl for "" ~ staled I1eIIIn and f1aI k Is live and CC<IICl mwiT 2OOf... STATE OF FLORIDA ) , COUNn'OFMIMII-DADE) STATEOFR.OAIDA I COUNTY OF 1.IIAM\-t!ADe Be\xe me, "" lIIdo<Slgr.od outhodty. belst-oo eltOOJ1ed IllS Al'1da\1l for "" puIpOIeS mwiT 1SJSJ- Notily PtblicSlolo O(F1ocIda AlLolgo P- Namo 0( NdoIy My_ol<pi!es: ------ ---.... -----.--- .... .--...- -. b<J$INESS RELATIONSHIP AFADAVIT' This Aflidavllis made pursuant to Sectbn 31-11(b){2)(Hl of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (marK wfth 'J:' applicable portions only) bð1. Affiant does I!!!! have a Business Relationshf> with any member of the City Commission or any City Advisory Board to which 1he eppication win be presented. Afftanl hereby discloses that ft does have a BusIness Relationship with e member of the CIty Commission or a City ArNtsory Board to which 1I1e apptication wI! be presented, as follows: (Ust name 01 Commissioner or /vNsJry Board Member) who serves on the (ust City Commission or City Advisory Board upon which member ! J2. serves). The nature 0I1I1e Business Relationship Is as follows: [] i. IJii. [) tiL [Jiv. [] v. Member of City Commission or Board holds an own8fSh1p mest it excess of 1 % of total assets or capital stDck of Applicant or Representative; Member of City Commission or Board is a par1nef, CCHlhaIehoIder (as to shares 01 a corporation which 8IB not listed on any national or regional stock exchange) or pint venturer with the Applicant or Representative in any business venture; The AppflC8!ll or Representative Is a ClIent of a member 01 the City Commission or Board or a Client of another professional wOI1dng from the same offICe 01 for the same employer as the member of the City Commission or Board; A City Commissioner or Board member Is a CBent 01 the AppDcanl or Representative; The AppflC8flt or Representative Is a GusIDmer of the member 01 !he CIty Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) In a given calendar yea~ I] vi. The member of the City Commission or Board is a Customer 011119 Applicant or ReJf&Sentatlve and 1ransacts more than $25,000.00 of the business of the Applicanl" or Representative in a given calendar year. WITNESSIAYHAN THIS_DAY OF JANUARY ~'R¡;;f' ."~ATI . f\~ I I P \ .. By: V\J \ ~ \.0 Signature} . Pm} PrlnQ Tille' P By: Name: Tille' _.~- 200,lf ,'I .---.----. .,.,...----...-.... u - - -- .. .. .... ST"1EOFi fJY COUII!Y 0 F ¡V /}. j} ~ .., - me, IIoIIItIØISIgn6d auIIorIy, pecsonaIy Ip\IfIIæd helsht llIIOQl\od tis Allidavl tar I1e purpooeslililod 1Io..1a II1d 1101 lis .... "'" o:m<1 NOTARIZATION PROVISION SWOON TO AND SUBSCRIBED before mel1is ¡l.. day of '!J4,^" by ... ; ~ did swear or Iff.... 11&1 2OCtq ¡( DE'NNIS KELLY -;>~ eta Public, Slate of NewY~r~ ------ o. 01KE4947033 ' NoIaIyPubII:$talaof "', OualifíedínNassauCounty ~') r v I Comm'sslon Expires Feb 13, 20.::1 PtinIedHameo!~ )..,-fj-..7 My.....-.NsslonI'P . '/ 8o1arø me, 110 ~ 1IIthoit4', pemonaIy Ip\IfIIæd llIIOQl\od tis MIida'.t for... - staled thoIIIn ond I1a1Us we ond COCtOCl AFfW>IT 2IXfi,... ST"1EOFFLORID/I } COUNTY OF I.IL\MI.QADE) STA1EOFA.OAIOA } COUII!Y OF I.lIAMI.QADE) Befall me, 110 undolSlgnod 1UihorIIy, -_tislJf_tartte- AFfW>IT æJJ- Nawy Plbic $ta... 01 F1ocIda 1oIl.aJge PotrIeiI Name o! NoCaIy l.Iy- I>¡>D~ -------------- -------- '--"'-' 8_'-'.'....'.' ! I : '\:.......~ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavij is made pursuanllo Section 3t-71(bX2Xii) of the œy of Avenlura Land Developmenl Code. The undersigned Affiant hereby discloses that: (marl< with 'x' applicable portions only) N1, Affiant does !!2! have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. I ]2. Affiant hereby discloses that ij does have a Business Relationship with a member of the City Commission or a City Advisory Board 10 which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List œy Commission or City Advisory Board upon which membe' serves). [Ii. The nature of the Business Relationship is as follows: II ii. [1m. II iv. [) v. [I vi. Member of Cijy Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Apprtcanl or Representative; Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not lisled on any national or regional slock exchange) or joint venturer with the Applicant or Representative in any business venture; The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional wor1<ing from the same office or for the same employer as the member of the City Commission or Board; A City Commissioner or Board member is a Client of the Applicant or Representative; The Applicant or Representative is a Customer of the member of the Cijy Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. APPliCANT: WITNESS MY HAND THIS - DAY OF 200_, ISignstunJ) (Print) (Prinf) WITNESS MY HAND THIS - DAY OF By: Name: Title; PROPERTY OWNER: By: Name: Title: 200_. (Signature) (Print) (Print) 'The terms 'Business Relationship: "Client: "Customer: "Applicant: "Representative" and "Interested PefSon" are defined in Section 2-395 of the Aventura CIty Code. 7 WITNESS MY HAND THIS 23 DAY OF -k I2A L- 2<Xd. RE~siness Relationship Affidavit) By: (Signature By: (Signature) / S<.r -t~ Name: (Print) Name IYN r I - (Print) TItle: 7.t()~(c..- ?J.vh~"1J (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TItle: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) TItle: (Print) B y: (Signature) By: {Signature TItle: (Print) Title: (Print) TItle: (Print) TItle: (Print) By: (Signature) By: (Signature TItle: (Print) TItle: (Print) Title: (Print) TItle: (Print) By: (Signature) By: 7Slgnature Title: (Print) TItle: (Print) TItle: (Print) TItle: (Print) NOTE: 1) Use duplicate sheets If disclosure Infommon for Representative varies 2) Applicants and Affiants are advised to timety supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration ofthe application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. 9 . . NOTARIZATION PROVISION STATE OF FLORIDA) COUNTY OF MIAMI-OADE) Be""" me, the unders~ned authority, personally appeared 5l"~ ~ he/she executed th~ Affidayh !of the purposes stated Ihereln and that h ~ true and cotreCt SWORN TO AND SUBSCRIBED belore me Ihls:2i- day of I1I1ld- duly swom, d~ swear or affirm that DC¡ - ~~ dw/ ~ty Publ~ Stale of F~a At L~ 0 'é'/?!{j/J /fP /'tj 1"-- ~ - - Pnnled Name of Nolaty .. . My~- MycommlSs~nexplres:- ~ ~ApoI1.- - ------- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me, the unders~ned aulhority, pemonally appeared helshe executed th~ Affidavh lor the purposes stated lherein and thai II ~ lrue and conec\. Iha Affianl, who being fiml by me duly swom, d~ swear or affirm Ihat SWORN TO AND SUBSCRIBED belore me th~ - day of AFFIANT 200_. Notaty Publ~ StaIB of F~rlda At Large Pnnted Name of Notaty My commbslon expires:- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authonly, personally appeared he/she eKeculed Ih~ Affidavlllor the purposes stated therein and Ihat II b true and correct. the Affianl, who being first by me duly swom, did swear or affirm thai SWORN TO AND SUBSCRIBED before me th~ - day of AFFIANT ,200_. Notary PubIc State of Florida At'targe PrInted Name of NOlaty My comm~s~n explres:- STATE OF FLORIDA) COUNTY Of MIAMI-DADE) Bafore me, the unders~ned authority, personaUy appeared helshe executed th~ Affidavit !of the purposes slated therein one! thai K ~ tnJe end correct. the Affianl, who being firsl by me duly swom, d~ swear or affirm that SWORN TO AND SUBSCRIBED before me Ih~ - day of AfFIANT ,200_, Nolaty Public Stale of Florida At Large Printed Name of Nolaty My commission explres:- 8 --" ... ." Hn --,,-_. --- -------- ---.". ---- BERGER SINGERMAN ATTOllNEYS AT LAW SUITE 1000 350 EAST LAS aLAS BOULEY ARD fORT LAUDERDALE, FLORWA 33301 rolcp¡'one 954.52>.9900 Pacsimile 954,52,.2872 Facsimile Transmittal Coversheet DATE: May 10,2004 FIRM/COMPANY: Aventura City Hall ATTENTION: Teresa Soroka, City Clerk FACS1MILE NUMBER: (305) 466-8919 TELEPHONE NUMBER: (305) 466-S9O1 OUR Fll..E NUMBER: 1100.119 FROM: Luis Torres, Litigation Paralegal NUMBER OF PAGES SENT: ----L- (including cover page) MESSAGE (if any): PLEASE NOTIFY USIMMEDIATEL Y IF NOT RECEIVED PROPERLY The infOlIDation contained in this [¡¡csimile message is lcga11y privileged and œnfidential information intended only for the use of the individ",,] or entity named above, !fthe reader of this message is not the intended recipient, you are hereby notified that any dissemiDatioD, distribution or copy of this facsimile;' strictly prohibited. If you have received this facsimile in error, pIe"". imxn<diately notify us by telephone and «rum the original m.,.sage to us at the address set forth above via the United States Postal SeMce. Thouùc you. 05/10/04 II 11: 01 FAX 954 377 0400 B!:Jlb"" SINb!:. .AN OUUUOJ ........a""""'_"...m..,""""""om", BERGER SINGERMAN attorney' at law .", ..... "" ""..,.1, _in' "'I",.... 954.377,U417 Llo""@b"g,'~ng"'n"'.",,. May 10, 2004 VIA FACSIMILE AND REGULAR MAIL Teresa Soroka, City Clerk of Aventura A veotura City Hall 19200 West Com1try Club Drive Aventura, FL 33180 Rc: May 4, 2004 Public Hearing for Motion Recommending Adoption of an Ordinance of the City 0" Aventnra, Florida, Concerning an Application to Amend the Official Zoning Map of the City of Aventura by Amendlne the Zoning Designation for One (1) Parcel Located at the Northeast Corner of North Country Club Drive aað NE 34 Avenue from CF, Commonity Facility District to RMF4, Multi-Family High Density Residential District; Providing Inclusion In the Code, Providing for Severability; Providing for an Effective Date Dear Ms. Soroka: As you mayk-now, we represent the Applicant, Avcatura-Ensenada, Inc_, regarding the above reference- We need certified copies of the entire record of evidence received by LP A regarding LP A agenda item 3A (above ntentioned). For your convenience, I have outlined below in bulletin fonnat all items wlùch we would likc to have certified; . . . LP A Agenda and City Commission Agenda from May 4, 2004; -- Resolutions of LP A and Co~ion from May 4, 2004 hearings; - Staff Reporl and Exhibits; Applicant, Aventura-Ensenada, Inc.'s Compendium of Exhibils; a11d Technical Report and Attached Tables of Data wlùch Jenn King prepared and submitted to the Commission. . . 300 OUt L.. 01.. .ooleva,. Suite 1000 Fo<l L..,....le. Florida "'°1 relephone954525'9900 ",.imile954.52>.2812 05/10/04 11: 02 FAA 954 377 0400 II";, .M SIN~~, AN 003'003 May 10,2004 Page 2 If you can have these items duplicated and certified by Wednesday, May 12, 2004, IwOtùd greatly appreciate it. Please feel free to call me with any questions at (954) 377-0417 or (305) 342-6941. Very truly yours, 'ERG :J:---- uis Torres Paralegal fIt cc: Anthony CarTiuolo mI6'-"IIOO.1I9/DDS FTl "'°1"'°-.". - 2 :""',",,.u...".~.""a""""'...~""'~"'."œ" BiERGER SINGERMAN , ."o,ney< .. law ",. '"d.."" M"." ."""""" URS Date: To: From: Subject: Memorandum May 4,2004 Aventura Ensenada, Inc. c/o Berger Singerman 350 East Las Olas Boulevard Fort Lauderdale, FL 33301 Jenn L. King, P.E. ~ 7). Aventura Ens/n;da, Inc. - Traffic Review We have reviewed the traffic study for the Aventura Ensenada property, prepared by Tinter Associates, Inc. (T AI), dated April 14, 2004. Below, please find Ouf review of the TAl study- 1. Land Use Analysis The TAl study only looks at "City Park" LUC 411 for the allowable CF use with I daily trip- Per the City Code, many other uses are allowable as of right, each with a much higher trip generation than I daily trip (see Tables I & 2). We find the TAl study to include an inaccurate analysis. 2. Existing Conditions Analysis The TAl study does not recognize the existing parking use of the site by the adjacent marina. Under current conditions, the existing property has approximately 80 VPD entering and exiting the site, which could be credited against future site development. We find the TAl study to include an incomplete analysis- 3, Roadway Capacity Analysis The TAl study notes the adjacent roadway is and will continue to operate with acceptable LOS- We agree. If the analysis indicates that it meets the City's LOS standard, then it should be approved by the City. 4, Background Traffic Growth Analysis The TAl study notes three developments within Aventura that have been approved by the City, but have not yet been built. However, the TAl study is incomplete, and does not perform any analysis of the traffic associated with these committed developments. The TAl study then concludes the background development traffic "will eliminate completely" any roadway capacity. URS Page 2 of2 Our analysis (see Table 3) indicates that even using the most conservative analysis, there will be roadway capacity available after the site is re-developed, using the TAl analysis (30 units of Condorrownhouse)- We find the TAl studv to include an incomplete analysis and to make unsubstantiated conclusions. 5. Intersection Capacity Analysis The TAl study notes the intersection of North County Club Drive with N.E. 34'" Avenue is and will continue to operate with acceptable LOS. We agree. if the analysis indicates that it meets the City's LOS standard, then it should be approved by the City. 6. Operational Analysis The T AI study indicates that the southbound left turn movement will operate at LOS E with a site redevelopment of 206 units. No operational analysis is provided in the study to be reviewed. No mention is made in the study as to the existing southbound left turn movement LOS. The analysis under discussion herein is for a redevelopment of the site with 30 units- No mention is made in the study of the operational conditions of the southbound left turn movement from this development scenario. The City does not have a threshold standard that must be met concerning intersection movements or approaches. We find the TAl studv to be incomplete and inconsistent. 7. Queue Analysis The TAl study indicates that under the 30-unit redevelopment scenario the southbound left turn queue will increase from a length of20.9 vehicles to 21.5 vehicles, a net increases of 0.6 vehicles. No queue analysis is provided in the study to be reviewed- The study is not clear if its analysis and conclusions are based on a 3D-unit scenario or a 206-unit scenario, however it implies that the proposed redevelopment would create substantial vehicular queues. We submit that the addition of one (1) vehicle to the southbound movement at this signalized intersection does not constitute a substantial change over the existing queue. We find the TAl studv to be incomplete and the presented impact insubstantial. 8. Access The TAl study notes that some V-turns may be required by vehicles entering and exiting the site and that issues concerning how vehicles access the site may need to be addressed. We agree. We are confident that if this project got to the site planning stage, any issues with respect to access and circulation could readily be addressed by a thorough planning effort and engineering design on the part of the applicant. Attachments Table 1 Aventura Ensenada, Inc. Trip Generation - ITE 7th Ed. Daily Analysis Site Site Traffic Condition Zoning Regulation Category LUC Units Size Trip Generation Equation Traffic Enter Exit vpd vpd vpd TAl CF permitted Sec. 31-147 (1) a, City Park 411 Acre 0,51 T=1,59(x) 1 1 0 CF permitted Sec. 31-147 (1) f, Tennis Courts 490 Acre 0,51 T=16.26(x) 8 4 4 CF permitted Sec. 31-147 (1) f. Multipurpose Recreational Facility 435 Acre 0.51 T=90,38(x) 46 13 13 CF permitted Sec. 31-147 (1) d. Church 560 1,000SF 10 T=9.11(x) 91 46 45 CF permitted Sec. 31-147 (1) d. Synagogue 561 1,000SF 10 T=10.64(x) 106 53 53 CF permitted Sec. 31-147 (1) c. Junior/Community College 540 Students 100 Ln(T)=0.B9Ln(x)+1.24 20B 104 104 CF permitted Sec. 31-147 (1) f. Recreational Community Center 495 1,000SF 10 T=22.88(x) 229 115 114 CF permitted Sec. 31-147 (1) c. University 550 Students 100 T=2.38(x) 238 119 119 CF permitted Sec.31-147(1)b. Private School K-12 536 Students 100 T=2.4B(x) 24B 124 124 CF permitted Sec. 31-147 (1) g. Government Office Building 730 1,000SF 10 T=68.93(x). 689 345 344 CF eermitted Sec. 31-147 (1) e. Library 590 1,000SF 10 Ln(T)=0,68Ln(x)+5.04 739 370 369 -- CF permitted Sec. 31-147 (1) h. State Moto, Vehicles Department 731 1,000SF 10 Ln(T)=0.57Ln(x)+6.12 1690 845 _845_- Existing Conditions Of The Site Marina 420 Berths 27 T=2.96(x) 80 40 40 - TAl RMF4'permitted Sec. 31-143 (I) (2) b. CondofTownhouse 230 Unit 30 Ln(T)=0.85Ln(x)+2,55 231 116 115 Approved/Not Yet BuiltfThe Parc Apartment 220 Unit 110 T=6.01(x)+150.35 811 406 _~ Approved/Not Yet BuiltfThe Hamptons Apartment 220 Unit 250 T=6.01(x)+150.35 1653 827 826 Approved/Not Yet BuiltfTurnberry Village Apartment 220 Unit 405 T=6.01(x)+150.35 2584 1292 1292 URS 5/4/2004 Table 2 Aventur. Ensenada, Inc. Trip Generation - ITE 7th Ed. P_M. Peak Hour Analysis COndition Zoning Regulation CF permitted Sec. 31-147 (1) a, CF permitted Sec. 31-147 (1) f. - CF permilled Sec. 31-147 (1) I. CF permilled Sec. 31-147 (1) d, CF permilled Sec. 31-147 (1) g. CF permilled Sec, 31-147 (1) I. CF permilled Sec. 31-147 (1) b. CF permilled Sec. 31-147 (1) d. CF permitted Sec. 31-147 (1) e, CF permilled Sec. 31-147 (1) c. CF permilled Sec. 31-147 (1) c. _CF permilled Sec. 31-147 (1) h. TAl Site Site Traffic Size Trip Generation Equation Traffic Enter Exit vph vph vph City Park 411 Acre 0.51 n/a 0 0 0 Tennis Courts 490 Acre 0.51 T=1,38(x) 1 1 0 Multipurpose Recreational Facility 435 Acre 0.51 T=3.35(x) 2 1 1 Church 560 1,000SF 10 T=0,66(x) 7 4 3 Government Office Building 730 1,000SF 10 T=1.21(x) 12 4 8 Recreational Community Center 495 1,000SF 10 T=1.64(x) 16 5 -~ Private School K-12 536 Students 100 T=O.17(x) 17 7 10 Synagogue 561 1,000SF 10 T=1.69(x) 17 8 9 Library 590 1,000SF 10 Ln(T)=0,87Ln(x)+2.27 72 34 38 -- Junior/Community College 540 Students 100 Ln(T)=0.53Ln(x)+2.26 110 70 40 University 550 Students 100 T=0.19(x)+125.35 144 43 101 State Motor Vehicles De¡:>artment 731 1,000SF 10 T=17,09(x) 171 86 85 Category LUC Units Existing Conditions Of The Site Marina 420 Berths 27 T=0.19(x) 5 3 2 CondolTownhouse 230 Unit 30 Ln(T)=0.82Ln(x)+0,32 22 15 7 Apartment 220 Unit 110 T=0.55(x)+17.65 78 51 27 Apartment 220 Unit 250 T=0.55(x)+17.65 155 101 54 Apartment 220 Unit 405 _T=0.55(x)+17.65 240 156 84 TAl RMF4 permilled Sec. 31-143 (I) (2) b. Approved/Not Yet BuilVThe Parc Approved/Not Yet BuilVThe Hamptons Approved/Not Yet BuilVTurnberry Village URS 5/4/2004 Table 3 Aventura Ensenada, Inc. Roadway Capacity - 2002 FDOT Q/LOS Handbook Daily Analysis Roadway Lanes Capacity Existing Committed Growth Future Site Total vpd vpd vpd vpd vpd vpd vpd (a) (b) (c) (d) (e) (I) (g) N. Country Club Dr. 4LD 21,700 14,941 5,118 604 20,663 231 20,894 (a) From Table 4-1, FOOT, 2002 Q/LOS Handbook, City's LOS threshold is LOS "C", non-state, non-major, signalized roadway. (b) Data collected Tuesday, March 16,2004, during the Miami-Dade North peak season. (c) Assumes worst case scenario, with 100% of the traffic from the 3 developments. (d) Assumes a 2-year build out, with a 2% annual growth. (e) Summation of (b)+(c)+(d). (I) Using the TAl development plan, with 30 units of CondolTownhouse, LUC 230. (g) Summation of (e)+(I). SINCE (g) IS LESS THAN (a), THERE WILL BE AVAILABLE CAPACITY LEFT. URS 5/4/2004 to the Issuance of the first CO unless the developer has enlered inlo a binding agreemenl to dedicale an Improved park slle within twelve months after issuance of the first CO;. 3) Neœs5aIY transportation facilities must be contracted for construction no laler than J6 months after issuance of a CO. Assurance that the facilities (the term facilities shall mean or shal indude land, and the phrase 'construction of facilities' shal mean acquisition of land, when applicable to a Plan LOS standard) will be constructed, or acquired and available, within the tlmeframes estalJlished In the above paragraph shall be provided by the following means: 4) The neœssart facilities are under construction al the time the buidlng permft Is Issued; 5) The necessSIY facilftles and services are the subject of a binding executed contract for the construction of the faclitles or the provision of services at the time the building permft Is Issued; 6) The necessSIY facilities are funded and programmed In the first year of the Implementing agencies adopted capftal budget or are programmed In the CIE for the construction or acquisition; the necessary facilities shall not be defened or deleted from the CIE wor1I program or adopted one-year capital budge! unless the dependent buHdlng permft expires or Is rescinded prior 10 the Issuance of a certificate of use or occupancy; 7) The necessSIY facilities are programmed, In the five-year capital faclity plan or wor1I program of the Stale agency having operational responslbllty for affected faclfities, for construction or acquisition; 8) The neœssart facilities and services are guaranteed, In an enforceable development agreement, to be provided by the developer. An enforceable development agreement may Indude, but Is nol limited 10, development agreements pursuanllo SectIon 163.3220, F.S. or an agreement or development order issued pursuant to Chapter 380, F,S.; or 9) TImely provision of the necessary facilities will be guaranteed by some other means or Instrument providing substantially equlvalenl assurances, 10) Where solid waste clsposal facilities are to be avalable for years 3 through 5 pursuant 10 the adopted LOS standard are not In place and available prior to the Issuance of a CO, a commitment for that capacity 10 be In place and avallalJle to accanmodate projected demand In those future years shall be made through the means above, prior 10 the Issuance of a CO. 11) A proposed development will nol be denied a COf1QJrrency approval for transportation facilities provided that the development Is otherwise consistent with the adOpled Comprehensive Plan and 1\ meets the folloo,o,;ng alteria pursuanlto Section 163,3180, F.S.: The proposed developmenl Is Iocaled within the Urban Infill Area (UIA), as adopted and desa1bed In the 1997 Mlaml-Ðade County Comprehensive Developmenl Master Plan Capital Improvements Element and the Transportation 8ement, Traffic Circulation Subelemenl Policy 1 B. II Is anticipated thai after building permits are Issued, determinations of concurrency prior to the Issuance of cas may simply Invdve review and verification of compliance v.4th tenns and concltions set forth In the foregoing paragraphs. The concurrency management syslem Is solely used 10 Implement minimum level of service standards. In the review of applications for development orders, neither the satisfaction of these minimum standards, nor exceptions from them, shall preempl the Clly of Aventura from considerations of any other standards nor allerion set forth In the applicable development regulations. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 49 Traffic Circulation The nùnimum acceptable peak period! operating level of service (LOS) for all State and County roads in Dade County outside of the Urban Development Boundary (UDB) identified in the Land Use Element shall be LOS D on State minor arterials and LOS C on all other State roads and on all County roads. The minimum acceptable peak-period LOS for all State and County roads inside the UDB shall be the following: Within the Urban Infill Area (VIA)' (a) Where no public mass transit service exists, road- ways shall operate at or above LOS E; Where mass transit service having headways of 20 minutes or less is provided within 1/2 mile distance, roadways shall operate at no greater than 120 per- cent of their capacity; Where extraordinary transit service such as com- muter rail or express bus service exists parallel roadways within 1/2 mile shall operate at no greater than 150 percent of their capacity. Between the VIA and the UDB (a) Roadways shall operate at no worse than LOS D (90 percent of their capacity) except that State ur- ban minor arterials (SUMAs) may operate at LOS E (100 percent of their capacity); Where public mass transit service exists having headways of 20 minutes or less within 1/2 mile dis- tance, roadways shall operate at or above LOS E; Where extraordinary transit service such as com- muter rail or express bus service exists parallel roadways within 1/2 mile shall operate at no greater than 120 percent of roadway capacity. Notwithstanding the foregoing, as required by s.163.3180(1O), F.S., the following standards, established by rule by the Florida De- partment of Transportation (FDOT), are adopted by Dade_County as its minimum LOS Standards for Florida Intrastate Highway Sys- tem (FIHS) roadways in Dade County: 1) (b) (c) 2) (b) (c) 3) I Xl Peak period means the average of the two highest consecutive hours of traffic volume during a weekday. UTA is defined as that part of Dade County located east of; and including, SR 826 (palmetto) Expressway anj NW ISW 77 Avenue, excluding the area north of SR 826 and west ofI-95, and the City ofIslandia. NOlli: LOS will be measured based on the latest edition of the Highway Capacity ManuaL IX-6 'f¡ . tJ THE CITY OF A VENTURA LOCAL PLANNING AGENCY AGENDA MAY 4, 2004 - 6PM Public Heariug for: Motion Recommending Adoption of an Ordinance of the City of Aventura, Florida, Concerning an Application to Amend the Official Zoning Map of the City of A ventura by Amending the Zoning Designation for One (1) Parcel Located at the Northeast Corner of North Country Club Drive and NE 34 Avenue from CF, Community Facility District to RMF4, Multi- Family High Density Residential District; Providing Inclusion in the Code, Providing for Severability; Providing for an Effective Date TAB Applicant's (Aventura-Ensenada, Inc.) List of Exhibits DATE 1. City's Ordinance 99-09 and 99-10, and Section 31-147 ofthe City Code 7/13/99 2. Section 33-217 - 33-222 of the County Code 3. Notice of Service of Defendant's Unverified Answers to Interrogatories 09/18/03 and Verification Page 4. Affidavit of Samuel E. Poole with City's Comprehensive Plans 01/06104 5. Deposition of Joanne Carr 12/03/03 6- Deposition of Eric M. Soroka 12/18/03 ORDINANCE NO, 99-09 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING LAND DEVELOPMENT REGULATIONS FOR THE CITY; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFUCT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Aventura provides that land development regulations will be prepared and adopted to implement the goals and objectives of the Comprehensive Pian; and WHEREAS, the City Commission has determined that the Miami-Dade County zoning code, currently in effect, does not meet the needs of the City and desires to repiace same; and WHEREAS, the City has heid numerous Workshop Meetings and obtained extensive input and participation by the public through these meetings; and WHEREAS, the City Manager has presented and recommended the adoption of Land Development Regulations that will preserve the public: health, safety and welfare of the City; and WHEREAS, the City Commission, sitting as the Local Planning Agency pursuant to City Code Section 34-1, has held a public hearing upon the Land Development Regulations and has recommended adoption of the Land Development Regulations to the City Commission; and WHEREAS, the City Commission has held public: hearings upon the adoption of the Land Development Regulations pursuant to this Ordinance; and WHEREAS, in ac:cordance with the City's procedures and Section 166.041, Fla. Stat., public notice has been given of the public hearings for the proposed adoption of this Ordinance adopting the Land Development RegulatiGlns; and WHEREAS, the City Commission finds that it is in the best interests of the health, safety and welfare of the residents and property O\Mlers of the City of Aventura to adopt the attached Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1, Recitals Adopted. That the recitals set forth above are hereby adopted and incorporated herein. Ordinance No. 99-09 Page 2 Section 2. Adoption of Land Development ReQulations. That the Land Development Regulations of the City of Aventura, attached hereto as Exhibit "A" and incorporated herein, are hereby approved and adopted. Section 3. Conflicts. That all ordinances and parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allowed by iaw. However, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, before the effective date of this ordinance. Section 4. Severability, That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. That this ordinance shall be in full force and effect on the date of passage and adoption. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. The motion was seconded by Vice Mayor Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner JayR Beskin Commissioner Ken Cohen Commissioner Hany Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder yes yes yes yes yes yes yes 2 Ordinance No. 99-09 Page 3 The foregoing Ordinance was offered by Vice Mayor Rngers-Libert who moved its adoption on second reading. The motion was seconded by CoIIIDIÍssioner Beskin , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED on first reading this 15th day of June, 1999. absent yes yes yes no yes yes PASSED AND ADOPTED on second reading this 13th day of uly, 1999. i AR ATTEST: I,' "i"-" TERESA M. SOROK.$'., CMC/AAE CI1Y CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~:.\1i CI1YATTORNEY -------r--r-'------- . -T--' '--"'- "--- m - ORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR REZONING OF ALL PROPERTY IN THE CITY OF AVENTURA IN CONFORMANCE WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING MAP; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations require the preparation of an official zoning map to implement the Land Development Regulations; and WHEREAS, the City has held numerous Workshop Meetings and obtained extensive input and participation by the public through these meetings; and WHEREAS, a new zoning map has been prepared by the City Manager for the proper preservation of the public peace, health, safety, and welfare of the City; and WHEREAS, the City Commission, sitting as the Local Planning Agency pursuant to City Code Section 34-1, has held a public hearing upon the Zoning Map and has recommended adoption of the Zoning Map to the City Commission; and WHEREAS, the City Commission has held public hearings upon the adoption of the Land Development Regulations pursuant to this Ordinance; and WHEREAS, in accordance with the City's procedures and Section 166.041, Fla. Stat., public notice has been given of the public hearings for the proposed passage of this Ordinance adopting the Zoning Map as required by the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted, That the recitals set forth above are hereby adopted and incorporated herein. Section 2. Adoption of ZoninQ Map. That the Zoning Map attached as Exhibit "A" is adopted as the official zoning map of the City of Aventura, and that all property within the City is hereby rezoned in accordance with the Zoning Map. Section 3. Repeal of Zonina Map and Desianations. That the Zoning Map that was adopted by Section 8.03 of the City Charter (the Miami-Dade County Zoning Map), along with any amendments thereto, is hereby repealed and replaced as of the effective date of this Ordinance. Ordinance No. 99-10 Page 2 Section 4. Conflicts. That all ordinances end parts of ordinance in conflict herewith are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance or the Land Development Regulations, and the Land Development Regulations shall replace the provisions of the Miami-Dade County Zoning Code to the fullest extent allo\N8d by law. Ho\N8ver, the repeal of ordinances and the replacement of the Miami-Dade County Zoning Code shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this ordinance. Section 5. Inclusion in the Code.. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. That this ordinance shall be in full force and effect on the date of passage and adoption- The foregoing Ordinance \N8S offered by Commissioner Holzberg, who moved its adoption on first reading. The motion was seconded by Vice Mayor Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner HafT)' Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder yes no yes yes yes no yes The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on second reading- The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner HafT)' Holzberg Commissioner Jeffrey M. Perlow Vice-Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder absent yes yes yes yes yes yes 2 Ordinance No. 99-10 Page 3 PASSED on first reading this 15th day of June, 1999. ATTEST: ). ..i . , ji[l,¡ ~JWG TERESA M. S . . KA,'CMC/AAE CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: í"-> \/,) , )"'1",-"..-'J.^-. CITY~TTåRNÉY / AVEN-, URA ZONING MAP RESIDENTIAL SINGLE FAMILY DISTRICT RESIDENTIAL SINGLE FAMILY DISTRICT MULTI -F AMIL Y MEDIUM DENSITY RESIDENTIAL MULTI -F AMIL Y MEDIUM DENSITY RESIDENTIAL MULTI-FAMILY HIGH DENSITY RESIDENTIAL NEIGHBORHOOD BUSINESS DISTRICT COMMUNITY BUSINESS DISTRICT HEAVY BUSINESS DISTRICT TO"'N CENTER DIS1'RICT TO"'N CENTER MARINE DISTRICT OFFICE PARK DISTRICT MEDICAL OFFICE DISTRICT LIGHT INDUSTRIAL DISTRICT COMMUNITY FACILITIES DISTRICT RECREATION OPEN SPACE CONSERVATION DISTRICT UTILITIES DISTRICT PROPOSEL - r, vENTURA ZOf\ 3 MAP (PENDING COMPREHENSIVE PLAN AMENDMENTS) ¡ I I ~ E I I I I E r<ESIDENTIAL SINGLE FAMILY DISTRICT RESIDENTIAL SINGLE FAMILY DISTRICT MUL TI-FAMIL Y MEDIUM DENSITY RESIDENTIAL MUL TI-F AMIL Y MEDIUM DENSITY RESIDENTIAL MUL TI-FAMIL Y HIGH DENSITY RESIDENTIAL NEIGHBORHOOD BUSINESS DISTRICT COMMUNITY BUSINESS DISTRICT HEAVY BUSINESS DISTRICT TD\{N CENTER DISTRICT TD\{N CENTER' MARINE DISTRICT OFnCE PARK DISTRICT MEDICAL OFFICE DISTRICT I m E E LIGHT INDUSTRIAL DISTRICT COMMUNITY FACILITIES DISTRICT RECREATION OPEN SPACE CONSERVATION DISTRICT UTILITIES DISTRICT CNS Note: Subject 10 edoption of an enabling amendment to the comprehensive plan. the following ps=ls are revised to the zoning district listed below ~ ~ MO, Medical Office District B1, Nei9hborhood Business District B1, Neighbomood Business District TC2, Town Center Manne District B2, Community Business District Pending the adoption of the above described comprehensive plan amendment eech parcel shall be designated as shown on the above Avenlllra Zoning Map -~--~-TT---------" 'T---- LivePublish Page 1 of2 Back ¡Print Previous! Next Sec. 31-147. Community Facilities Zoning District. (a) Purpose, The Community Facilities (CF) District is intended for those uses of institutional character such as houses of worship, schools, government and cultural buildings, public facilities, hospitals and parks and other facilities, which generally benefit the community. This zoning district rnay be applied to iand designated Residential, Parks and Recreation, Town Center, Business and Office, Industrial and Office on the City's Future Land Use Map. (1) Uses permitted. No building or structure, or pa~ thereof, shall be e,ected, alte,ed or used, or iand used in whole or pa~ for other than one or rnore of the following specific uses: a. Parks, b, Schools, c. Educational or vocational institutes, d. Churches or synagogues and other houses of worship. e. Libra"es. Cultural, civic and community centers. g. h. Municipai 90vernment, administration, services and maintenance facilities. Police and fire protection facilities. Uses generally accessory to the above principal uses. (2) Conditione! use- The following uses ~ first approved as a conditional use: a. Governmentally sponsored or subsidized residential/care facilities for the aged and/or handicapped, nursing homes, convalescent homes, and congregate care facilities. b. Hospitals and clinics. c. Non-municipal governmental facilities and buildings. d. Private fraternal, civic, charitable, professional or educational non-profit organizations. e. Federal post office. ALF. g. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and nnly for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of 550 gallons capacity or less, 2. Be installed and operated under a valid permit from the Miami-Dade County Depa~rnent of Environmental Resources Management 3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4, Be located in a manner consistent with the site development standards of the CF zoning district 5. Installalion of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan Indicating the iocation of Ihe AST relative to prope~y lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Flonda licensed architect or landscape architect and other suppo~ing documentation as deemed necessary by the City Manager or designee. http://livepublish.municode.com/3/lpextdllllnfobase37/1/cl fID e/12c4 ?f=templates&fn=alt... 6/4/2003 LivePublish (3) Uses prohibited. Except as specifically perm"ted in this section, the following uses are expressly prohibited as either principal or accessory uses: a. Residential uses. b. Retail uses. c, Adult entertainment uses. d, Industrial uses. (3) Site deveiopment standards. a. Minimum lot area and width: The minim urn size of plots shall be 20,000 square feet and the minimum width shall be 100 feet. b. Maximum height: No building or structure shall be erected or altered to a hei9ht exceeding ten stories or 120 feet, whichever is less, c, Setbacks: 1, Front: 25 feet. No parkin9 areas shall be located within 30 feet of any residentially zoned property or within 10 feet of any street line. 2, Side street: 30 feet. 3, Rear: 20 feet. 4. Rear, frorn edge of water: 10 feet. 5. Adjacent to any RS or RMF Districts: 30 feet. (Ord. No. 99.09, § 1(Exh. A, § 707),7-13-99; Ord. No. 2000-08, § 1,4-4-00) http://livepubhsh_municode.com/3Ilpext.dll/lnfobase3 7 IIle I f/Del12e4 ?f=templates&fn=alt._. Page 2 of2 6/4/2003 NextPage LivePublish Page 1 of 1 ARTICLE XIX. RU-4A, HOTEL APARTMENT HOUSE DISTRICT* 'Editor's note: Ord. No. 72-92, § 1, adopted Dec. 5, 1972, amended Art. XIX, §§ 33-217--33-223, to read as herein set out. Prior to amendment by said Ord. No. 72-92, Art. XIX was derived from Ord. No. 57-19, § 13(A)-- (H), adopted Oct. 22, 1957, and Ord. No. 70-65, § 1, adopted Sept. 1, 1970. Section 4 of Ord. No. 82-6, which amended most of the sections in Art. XIX, provides: "This ordinance shaH become effective ten (10) days after the date of enactment. However: 'Provisions of this ordinance shaii not appiy to those buiidings for which a building permit has been issued and is in effect and where muitipie famiiy housing development or project site plan has been approved prior to the adoption of this ordinance by resolution of the Zoning Appeais Board or Board of County Commissioners, or prior to the adoption of this ordinance, an agreement, letter of intent, or performance standards encompassing all of the basic items constituting a site pian has been recorded or adopted by resoiution of the Zoning Appeais Board or the Board of County Commissioners.' " Cross references: Height of fences, waiis and hedges in RU District, § 33-11. http://livepublish.municode.com/4/Ipext.dll/lnfobase28/ I 1831 0/8e7a?fn=document - frame.ht... 5/4/2004 NextPage LivePublish Page 1 of3 Sec. 33-217. Uses permitted. No land, body of water or structure shall be used, or permitted to be used and no structure shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in an RU-4A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) of the following uses: (1) Those uses permitted in the RU-1, RU-2, RU-1M(a), RU-1M(b), RU-3 and RU-TH Districts subject only to the requirements, limitations and restrictions applicable thereto in said districts, including but not limited to, lot width, area, setbacks, yard areas, height and coverage- (2) Multiple family apartment house, apartment, hotel, apartment hotel and motel containing fewer than eleven (11) units in a single building. (3) Hotels, motels, apartment houses, and apartment hotels containing eleven (11) or more units, subject to site plan review hereinafter provided. Where applicant fails to secure the approval of both departments the site plan reviewed shall be deemed denied. Where the site plan has been denied, the applicant may correct the same to secure the approval of both departments or appeal the denial for review by the Community Zoning Appeals Board. (4) Multiple family housing developments, provided they are reviewed under the provisions of site plan review hereinafter provided, and only on approval after staff review of the site plan(s) to ensure compliance with all RU-4A District requirements and the plan review criteria. Said plan shall be in compliance with the requirements hereinafter provided. Where motel developments consist of two (2) or more structures, unless each such structure is located on a site meeting all standards of this district, the area shall be restricted to one (1) ownership by covenant running with the land. (5) Convalescent homes, eleemosynary and philanthropic institutions, only upon approval after public hearing. Hospitals (other than animal hospitals) including accessory office buildings and accessory commercial service facilities, only upon approval by public hearing; said accessory uses shall comply with the following additional criteria: (a) Office buildings: 1. Office buildings shall be located on a hospital site containing a minimum of ten (10) acres. 2. Hospital and office buildings shall be under one (1) ownership and the property owner shall file a unity of title agreement or other similar agreement or covenant in lieu thereof in conformance with the provisions of Section 33-31. 3. Tenants of the office buildings shall be limited to medical personnel affiliated with, and having staff privileges at, the hospital. 4. The hospital must contain a minimum of one hundred (100) beds. 5. The office complex shall not exceed forty (40) percent of the hospital's total square footage. (b) Commercial service facilities: 1. Service facilities shall be restricted to cafeterias or restaurant, florist shop, gift shop, financial institution, pharmacy, newspaper and magazine stand, and other similar uses determined by the director to be ancillary to a hospital/office complex. 2. Services shall be permitted and available exclusively for use by medical staff, hospital personnel, patients and visitors of the hospital. 3, Outside advertising or signs (including wall signs) shall be prohibited. 4. Service facilities shall not exceed three (3) percent of the hospital floor area, nor http://livepublish.municode.com/4/1pext.dll/lnfobase2S/I/S31 O/Se 7a1SeSI ?fn=document- ffa... 5/4/2004 NextPage LivePublish Page 2 of 3 shall they exceed seven (7) percent of the office floor area. 5. Service facilities meeting the above criteria shall not require further public hearing(s) if located within hospitais or reiated office buildings approved at public hearing(s) held after the effective date of Ordinance Number 88-93. (5.1) Medical observation dormitory as defined in Section 33-1 (69.05) subject to the foliowing conditions: (a) That such uses on sites of ten (10) net acres or more shall beapproved only after public hearing; (b) That such uses shall be located on sites having frontage on amajor access road, including major roadways (three (3) or more ianes) and frontage roadways serving iimited access highways and expressways: (c) That a minimum five (5) foot high masonry wall be provided along all perimeter property lines abutting residentially zoned property penetrated only at points approved by the Directors of the Planning and Zoning Department and the Public Works Department for ingress and egress; (d) That the faciiity is located on a site consisting of at leastthree (3) or more net acres, that research conducted at the property shail be iimited to testing of normal voiunteers and of clinically stable representatives of diseased states for which the medications being tested are ultimately intended; (e) That protocois that require treating of mentally ill subjects, including persons with any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities, shall not be performed at the research facility: (f) That such use shall be located no less than twenty-five hundred (2,500) feet from any other such establishments. For the purposes of this subsection, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest property line of the existing place of business. For the purpose of establishing the distance between such establishments, the operator shall furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate the distance between the proposed place of business and any existing establishment within 2,500 feet. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement scaled by the director shall govern; (g) That the operator obtains an annually renewable certificate of use and occupancy for such use on the property. (6) Private clubs, lodges, fraternities and sororities, oniy upon approval after public hearing. (7) Public art galleries, public libraries and pubiic museums. (8) Bungalow villa arrangements (each structure limited to not more than two-family occupancy). See definition in this chapter, Before a permit shall be granted to place buildings on a lot under the bungalow villa provision, plans shall be filed covering the size and spacing of all buildings intended in the villa and the total area of lot is to be included: not less than ten (10) dwelling units shall be permitted under the provisions of the bungalow villa regulations and, further, the entire area shall be restricted to one (1) ownership by covenant running with the land. Permits shall be obtained for the required ten (10) units at one (1) time and work on all structures shall proceed concurrently. (9) Housing projects, whether in single or multiple buildings, and as defined in Chapter 421 of the Fiorida Statutes, built for or by the Miami-Dade County Department of Housing and Urban Development. (10) A community residential facility as defined in Section 33-1(30.1) shall be permitted in a dwelling unit upon establishing the following: http://livepllblish.municode.col1l/4/lpextdllllnfobase28/l/831 0/8e7a/8e81 ?fn=document-fra... 5/4/2004 NextPage LivePllblish Page 3 of 3 (a) That the total number of resident clients on the premises not exceed fourteen (14) In number. Facilities for more than fourteen (14) resident clients must be approved through public hearing pursuant to Section 33-13; (b) That the operation of the community residential home be licensed by the State of Florida Department of Health and Rehabilitative Services; (c) That the community residential home not be located within a radius of one thousand two hundred (1,200) feet of another existing, unabandoned legally established community residential home in a multi-family zone. The one thousand two hundred-foot distance requirement shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use: (d) That the community residential home conform to existing zoning regulations applicable to other multiple family uses permitted by this section: (e) That the sponsoring agency of the community residential home notify the Director in writing of its intention to establish said facility. Such notice shall contain the address and legal description of the site, the number of resident clients, as well as a statement from the State of Florida Department of Health and Rehabilitative Services indicating the need for and licensing status of the proposed facility, Absence of this notification and statement shall prohibit the use and occupancy of any structure for use as a community residential home; and (f) Nothing in this section shall permit persons to occupy a community residential home who would constitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others. Provisions of Ord. No. 82-6 shall not apply to those buildings for which a building permit has been issued and is in effect and where multiple family housing development or project site plan has been approved prior to February 2, 1982, by resolution of the Zoning Appeals Board or Board of County Commissioners, or prior to February 2, 1982, an agreement, letter of intent, or performance standards encompassing all of the basic items constituting a site plan has been recorded or adopted by resolution of the Zoning Appeals Board or the Board of County Commissioners. (Ord. No. 72-92, § 1, 12-5-72; Ord. No. 75-90, § 5,10-15-75: Ord. No. 82-6, § 1, 2-2-82; Ord. No. 83-20, § 2, 4- 19-83: Ord. No. 88-93, § 1, 10-4-88; Ord. No. 91-51, § 4,5-7-91; Ord. No. 91-81, § 1,7-23-91: Ord. No. 95-135, § 16,7-25-95; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98; Ord. No- 01-131, § 2, 9-13-01) http;//livepllblish.municode.com/4/1pextdll/lnfobase28/I/831 0/8e7a/8e81 ?fn=document-fra... 5/4/2004 NextPage LivePublish Page I of I Sec. 33-217.1. Site plan review--Generally. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and thereby ensure the congruity of the proposed development and its compatibility with the surrounding area. All plans submitted to the Department shall be reviewed and approved or denied within fifteen (15) days from the date of submission. The applicant shall have the right to extend the fifteen-day period by an additional fifteen (15) days upon timely request made in writing to the Department. The Department shall have the right to extend the fifteen-day period by written notice to the applicant that additional information is needed to process the site plan. Denials shall be in writing and shall specifically set forth the grounds for denial. If the plan is disapproved the applicant may appeal to the appropriate Community Zoning Appeals Board in accordance with procedure established for appeals of administrative decision. Procedure, Exhibits prepared by design professionals such as architects and landscape architects shall be submitted to the Department and shall include, but not be limited to the following: (1) Site plan including the following information: (a) Lot lines and setbacks. (b) Location, shape, size and height of existing and proposed buildings, decorative walls and entrance features. (c) (d) Landscaping in accordance with Chapter 18A of this Code. Location of off-street parking and loading facilities and waste collection areas. Indication of exterior graphics, as required. (e) (f) Indication of any site design methods used to conserve energy. (2) (3) Floor plans and elevations of all structures, including total gross square foot area of each floor. Figures indicating the following: (a) (b) Gross and net acreage. Amount of landscaped open space in square feet required and provided. (c) (d) Amount of building coverage at ground level in square feet. (e) Total trees required and provided in accordance with Chapter 18A of this Code. Parking required and provided- (f) Total amount of paved area in square feet. (g) Such other design data as may be needed to evaluate the project. (Drd. No. 82-6, § 1, 2-2-82; Drd. No. 95-215, § 1, 12-5-95: Drd. No. 95-223, § 1, 12-5-95: Drd. No. 96-127, § 10, 9-4-96) http://1 ivepublish.municode.com/4/Ipext.dll/lnfobase28/1 1831 0/8e7a/8eaa?fn=document - ffa... 5/4/2004 NextPage LivePublish Page 1 of2 Sec. 33-217.2. Same--Criteria. The following criteria shall be utilized in the plan review process: Purpose and intent: The proposed development fulfills the objectives of this article. (1) (2) Planning studies: Design, planning studies or neighborhood area studies accepted or approved by the Board of County Commissioners that include development patterns or environmental design criteria which would apply to the development proposal under review shall be utilized in the plan review process. (3) Landscape: Landscape shall be preserved in its natural state insofar as is practicable by minimizing tree removal. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to site, visually screen non compatible uses and block noise generated by the major roadways and intense-use areas. (4) Buffers: Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided. (5) Scale: Scale of proposed structure shall be compatible with surrounding proposed or existing uses or shall be made compatible by the use of buffering elements. (6) Circulation: Pedestrian and auto circulation shall be separated insofar as is practicable, and all circulation systems shall adequately serve the needs of the development and be compatible and functional with circulation systems outside the development. (7) Energy considerations: Site design methods to reduce energy consumption shall be encouraged. Energy site conservation methods may include siting of structures in relation to prevailing breezes and sun angles and use of landscape materials for shade and transpiration. (8) Parking areas: Building wall extensions, planting, berms or other innovative methods shall be used as a means of minimizing the adverse effect of the visual impact of parking areas. This requirement is in addition to the requirements of the landscape regulations of the Code of Miami-Dade County. (9) Open spaces: Open space shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest extent possible- (10) Graphics: Graphics, as required, shall be designed as an integral part of the overall design of the project. (11) Art display: Permanent interior and exterior art displays and water features should be encouraged in the overall design of the project. (12) Visual screening for decorative walls: In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting zoned or dedicated rights-of-way: (a) Wall with landscaping. The wall shall be setback two and one-half (2 1/2) feet from the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good heaithy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one (1) or more of the following planting materials: (1) Shrubs. Shrubs shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. (2) Hedges. Hedges shall be a minimum of three (3) feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one (1) year after time of planting. (3) Vines. Climbing vines shall be a minimum of thirty-six (36) inches in height immediately after planting. http://livepublish.municode.com/4/lpextdll/lnfobase28/ I 183 I 0/8e7 a/8ebe?fn=document- fra... 5/4/2004 NextPage LivePublish Page 2 of2 (b) Metal picket fence. Where a metal picket fence abutting a zoned or dedicated right-of-way is constructed in lieu of a decorative wall, landscaping shall not be required. (Ord. No. 82-6, § 1,2-2-82: Ord. No. 95-19, § 6, 2-7-95; Ord. No. 99-38, § 7, 4-27-99) http://livepublish.municode.com/4/1pextdll/lnfobase28/ I /831 0/8e7 a/8ebe?fn=document- fra... 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-218. Minimum lot width and area. The minimum iot width shaii be one hundred (100) feet and the minimum lot area shali be ten thousand (10,000) square feet (Ord, No. 72-92, § 1, 12-5-72) http://livepub 1 ish.municode.com/4/lpextdll/lnfobase28/l/83 I 0/8e7 a/8ed2?fn=document- fra... 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-219. Lot coverage. The total lot coverage permitted for all buildings on the site shall not exceed forty (40) percent of the totai lot area. (Ord. No. 72-92, § 1, 12-5-72) http://livepublish.municode.com/4/1pext.dll/lnfobase28/ 1 /831 0/8e7 a/8ed5?fn=document- fra... 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-220. Setback requirements. The setbacks shall be as follows: (1) Front setback. For structures not exceeding thirty-five (35) feet In height, the minimum setback shall be twenty-five (25) feet: for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height; provided, however, that the required front setback shall not exceed fifty (50) feet. (2) Rear setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet: for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height. (3) Interior side setbacks and side street setbacks. Minimum setbacks for all structures shall be determined by a sixty-three-degree line projected from the interior side property line(s) or side street property line(s) upward towards the center of the site: provided, however, that no structure shall be permitted to be closer than twenty-five (25) feet to the interior side property line(s) or side street property line(s) (see the following sketch) and further provided that the passageway areas to Biscayne Bay or the Atlantic Ocean are adhered to as provided in this article- (4) Minimum setback between buildings shall be twenty (20) feet, except where doors, windows or other openings in the building wall of a living unit face a wall of the same building and/or a wall of another building on the same site. In that case there shall be provided a minimum clear distance of not less than thirty (30) feet, said distance to be measured on a line projected at right angles from the opening to the opposite wall. Cantilevers and open porches may project from the buiiding wall into the required open space (court only) not more than six (6) feet and stairways may project from the building wall into the required open space (court only) not more than ten (10) feet. Stairways, when located in the required open space (court), shall be supported by the necessary columns only; support by a wall is strictly prohibited. (5) Bungalow villas shall be setback as follows: (a) Twenty-five (25) feet from the front property line. (b) Twenty (20) feet from a side property line abutting a highway right-of-way, except where the rear of the lot abuts a key lot; in which event, the setback for the key lot shall govern. (c) (d) Ten (10) feet from an interior side lot line. Ten (10) feet from the rear property line. (e) The minimum clear distance between units of a bungalow villa shall be twenty (20) feet. Ingress and egress to all units shall be provided by a common and continuous clear space with a thirty (30) foot minimum width. (Ord. No. 72-92, § 1, 12-5-72: Ord. No. 82-6, § 1, 2-2-82; Ord. No. 83-20, § 2, 4-19-83) http:/ /livepublish.municode_com/4/1pextdll/lnfobase28/ 1/831 0/8e7 a/8ed8?fn=document- fra... 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-220. Setback requirements. The setbacks shall be as follows: (1) Front setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet: for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height; provided, however, that the required front setback shall not exceed fifty (50) feet. (2) Rear setback. For structures not exceeding thirty-five (35) feet in height, the minimum setback shall be twenty-five (25) feet; for structures over thirty-five (35) feet in height the setbacks shall be increased by forty (40) percent of the additional height. (3) Interior side setbacks and side street setbacks. Minimum setbacks for all structures shall be determined by a sixty-three-degree line projected from the interior side property line(s) or side street property line(s) upward towards the center of the site; provided, however, that no structure shall be permitted to be closer than twenty-five (25) feet to the interior side property iine(s) or side street property line(s) (see the following sketch) and further provided that the passageway areas to Biscayne Bay or the Atlantic Ocean are adhered to as provided in this article. (4) Minimum setback between buildings shall be twenty (20) feet, except where doors, windows or other openings in the building wall of a living unit face a wall of the same building and/or a wall of another building on the same site. In that case there shall be provided a minimum clear distance of not less than thirty (30) feet, said distance to be measured on a line projected at right angles from the opening to the opposite wall. Cantilevers and open porches may project from the building wall into the required open space (court only) not more than six (6) feet and stairways may project from the building wall into the required open space (court only) not more than ten (10) feet. Stairways, when located in the required open space (court), shall be supported by the necessary columns only; support by a wall is strictly prohibited. (5) Bungalow villas shall be setback as follows: (a) Twenty-five (25) feet from the front property line. (b) Twenty (20) feet from a side property line abutting a highway right-of-way, except where the rear of the lot abuts a key lot: in which event, the setback for the key lot shall govern. (c) (d) Ten (10) feet from an interior side lot line. Ten (10) feet from the rear property line. (e) The minimum clear distance between units of a bungalow villa shall be twenty (20) feet. Ingress and egress to all units shall be provided by a common and continuous clear space with a thirty (30) foot minimum width. (Ord. No. 72-92, § 1, 12-5-72; Ord. No. 82-6, § 1, 2-2-82; Ord. No. 83-20, § 2, 4-19-83) http://livepublish.municode.com/4/lpext.dll/Infobase28/I 1831 0/8e7 a/8ed8?fn=document- fra... 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-221. Height. On sites which abut dedicated rights-of-way of one hundred (100) feet or more, each proposed building or structure which exceeds one hundred (100) feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of forty-one (41) degrees) will not fall on any adjacent property except for public road rights-of-way. Shadow studies shall be provided to the Department. Buiidings or structures may be proposed to any height except as controlled by this shadow provision and other provisions in the Code, such as floor area ratio, setbacks, airport regulations, etc. For all other sites, no building or structure or part thereof shall be of a height greater than the width of the widest street upon which such building abuts, unless approved for additional height as a result of public hearing. (See following sketch.) (Ord. No. 72-92, § 1, 12-5-72: Ord. No. 82-6, § 1, 2-2-82: Ord. No. 95-215, § 1, 12-5-95) http://1ivepub1ish.municode.com/4/lpext.dB/Infobase28/ 1 /83 I 0/8e 7 a/8ee9?fn=document - ffa... 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-222. Floor area ratio. The floor area ratio shall not exceed the following; provided, however, that covered structure parking shall not count as a part of the floor area, but shall be counted in computing building height: TABLE INSET: Height of FtoorArea Buitdings Ratio 1slory 0.40 2 story 0.60 3 story 0.80 4slory 1.00 5 story 1.20 6 story 1.40 ¡slory 1.60 8 story 1.80 g story or over 2.00 A floor area ratio bonus shall be given for developments abutting the bay or ocean where improved easements are dedicated or granted to Miami-Dade County and accepted by the Board of County Commissioners for features such as landscape, walkways, public parking areas, fishing piers, gazebos, restrooms, art objects and other similar amenities. Said areas are to extend the full length of the property from the street most nearly parallel to the mean high water line, to the bay or ocean. Such areas are to be included in density, open space and setback calculations. The bonus shall be an additional two (2) square feet of floor area for each one (1) square foot of area devoted for improved public access, (Ord. No. 72-92, § 1, 12-5-72: Ord, No. 82-6, § 1, 2-2-82; Ord. No. 83-20, § 2, 4-19-83) http://li vepublish.municode.com/4/1pextdll/lnfobase28/1 1831 D/8e7 a/8eed?fn=document - fra... 5/4/2004 NextPage LivePublish Page ¡ of ¡ Sec. 33-222.1. Maximum number of units. The maximum number of dwelling units in a multiple family housing development, apartment, or housing project shall not exceed a density of fifty (50) dwelling units per acre, or eight hundred seventy-one and two-tenths (871.2) square feet of lot area per dwelling unit. Hotels, motels and apartment hotels developed for transient residential usage shall not exceed a density of seventy-five (75) dwelling units per net acre or five hundred eighty and eight-tenths (580.8) square feet of lot area per dwelling unit. Each dwelling unit of a bungalow villa shall provide at least two thousand (2,000) square feet of lot area. (Ord. No. 72-92, § 1,12-5-72; Ord. No. 96-81, § 3, 6-4-96) http://livepublish.municode.com/4/lpext.dll/lnfobase28/1/831 0/8e7a18ef4 ?fn=document- ffa._. 5/4/2004 NextPage LivePublish Page 1 of 1 Sec. 33-222.1.1. Subdivision of hotels and motels. (a) Definitions. (1) For the purposes of this section the term "subdivision of a hotel or motel" shall mean the sale, conveyance, or long-term lease or sublease (for more than six (6) months) of five (5) percent or more, cumulatively, of the units in a hotel or motel by the same seller, lessor or sublessor. This definition is not applicabie to the transfer of an entire hotel or motel to the same transferee. (2) For purposes of this section the term "subdivided property" shall mean all hotel or motel units and all other components of any subdivided hotei or moteL (b) Any person or entity who subdivides a hotel or motei shall deliver written notice of said subdivision to the Director on or before the earlier of either offering to enter into or entering into any sale, conveyance, lease, or sublease which would result in a subdivision. (c) If there shall be a subdivision of any hotel or motel no permit, certificate of use and occupancy or any other governmental approval shall be issued or granted except in emergencies for any subdivided property, unless and until the owner shall demonstrate to the Director that the subdivided property shall continue to comply with all the provisions and regulations of this chapter and any resolutions adopted pursuant hereto. The procedure for demonstrating such compiiance shali be established by submission of documentation pursuant to regulations to be promulgated by the Director and approved by the Board of County Commissioners. (d) (1) It shall be presumed that the subdivision of a hotel or motel results in a change of use to nonhotel or nonmotel use. This presumption may be rebutted administratively at a public hearing. An application to rebut shall be filed for public hearing before the appropriate Community Zoning Appeals Board. The presumption shall be rebutted whenever such an applicant shall establish at public hearing that the property will continue to be utilized as a hotel or moteL In civil proceedings the presumption of change of use shall shift the burden of proof on this issue to the party against whom it operates; and in criminal proceedings the presumption shall constitute prima facie evidence of a change in use. (2) The presumption established by this subsection shall not go into effect for a hotel or motel if: 1) prior to June 6, 1984, units in the hotel or motel have been offered to the public for sale, conveyance, lease, or sublease which would result in a subdivision; 2) an application to rebut is filed pursuant to this subsection within sixty (60) days after June 15, 1984; and 3) said application is approved. For a hotel or motel which may qualify pursuant to this paragraph, no presumption shall go into effect until the later of the expiration of said sixty-day period without the filing of an application to rebut, or a final determination that the applicant has failed to rebut the presumption- (e) This section shall not apply to any units or other components of a subdivided property which were sold, conveyed, leased, or subleased to the public in bona fide transactions by the subdivider prior to June 15, 1984 nor to any units or components so transferred after June 15, 1984 pursuant to a bona fide contract with the transferee entered into before June 15, 1984. The term "bona fide" shall mean for a valid business purpose other than avoiding the applicability of this section. Except as otherwise specifically provided herein all provisions of this section shall be applicable to all hotel or motel property undergoing subdivision after June 15, 1984 regardless of whether there was any prior subdivision thereof. Nothing contained in this section shall prevent the Director from taking any and all enforcement actions authorized by the Code of Miami-Dade County, Florida, independent of this section. (Ord. No. 84-46, § 2, 6-5-84: Ord. No. 96-127, § 11, 9-4-96) hllp://! ivepublish_municode.com/4/1pext.dl!/Infobase28/1/83 I 0/8e7 a/8ef8?fn=document - fra... 5/4/2004 NextPage LivePublish Page 1 of2 Sec. 33-222.4. Accessory uses. (1) Business or commercial establishments of the BU-1 type, bars and cabarets shall be permitted in hotels, motels and apartment hotels provided they are located within the principal building, which contains at least one hundred (100) units, and provided the exterior of any such principal building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highway: in the event the use contains windows which may be seen from the street or highway, said windows shall be of fixed, obscure glass. Such business or commercial establishments and bars in this district shall be entered only through the lobby and no additional entrances shall be permitted, except when the same opens into a courtyard or patio (away from the street side) which is enclosed and which is not visible from the street and, except that a fire door or emergency exit shall be permitted. Hotels, motels, and apartment-hotels which extend from a street to the ocean or bay, and which have the required number of guest rooms or apartment units may have the permitted business or commercial establishment on the extreme end of the structure on the waterway side with a direct opening, provided that the opening is from the waterway side and cannot be viewed from the street or highway. These restrictions shall not apply when the site is in a commercial district and these commercial uses are a permitted use in said district and conform to all of the requirements of said district (2) Apartment developments having a minimum of three hundred (300) residential units may have BU-1 type convenience uses not exceeding one thousand (1,000) square feet as an accessory use to apartment developments, provided that: (a) (b) Such services relate to the needs of the inhabitants of the proposed complex; Such services are not provided direct access from public roads: (c) (d) Such services are not visible from public roads; Detached signs and signs visible from public roads are not used: (e) Such services are designed as an integral part of the total design as determined by site plan review: and (f) Said facility is located in the principal structure or in a community service center structure. An additional one (1) square foot of retail area shall be permitted for each apartment unit above three hundred (300) units provided, however, that the maximum square footage for such facilities shall not exceed three thousand (3,000) square feet (3) Hotels and motels with one hundred fifty (150) or more guest rooms may contain liquor package use on the premises for the accommodation and use of their guests only, provided the establishment housing such use is entered oniy through the lobby within the building and does not have the appearance of commercial or mercantile activity as viewed from the highway. No advertisement of the use will be permitted which can be seen from the outside of the building. These restrictions shall not apply when the hotel or motel site is in a commercial district and the package store is a permitted use and conforms to all of the requirements of said district (4) Hotels and motels with two hundred (200) or more guest rooms or apartment units under one (1) roof may contain a night club on the premises, provided the exterior of any such building shall not have store fronts or give the appearance of commercial or mercantile activity as viewed from the highway. In the event the use contains windows which may be seen from the highway, said windows shall be of fixed obscure glass. Such night club shall be entered only through the lobby, and no additional entrance shall be permitted, except when the same opens into a courtyard or patio (away from street side) which is enclosed and which is not visible from the street and, except that a fire door or exit shall be permitted. (5) Coffee shop and dining room may be permitted in bungalow villa arrangements having fifty (50) or more guest rooms or fifty (50) or more units designed as one-family dwellings, provided that the exterior or any such building shall not contain store fronts and shall not have the appearance of commercial or mercantile activity as viewed from the public highway, nor be identified by any type of sign. Strip lighting by neon or other type of electric lighting to outline a building shall not be permitted. bttp:lllivcpub¡ish.municode.com/4/1 pextdllilnfobase28/1 1831 0/8e 7 a/8 fDc?fn=document - fra..- 5/4/2004 NextPage LivePublish Page 2 of2 The total square foot area of coffee shop or dining room, including kitchen facilities, etc., shall not total more than fifteen (15) square feet, multiplied by each living unit erected on the project. (6) Cabanas, provided they are strictly incidental to apartment house, apartment hotel, motel or hotel. Cabanas shall not be used for overnight sleeping quarters nor rented or leased to any person other than a guest of the apartment house, apartment hotel. motel or hotel. (Ord. No. 72-92, § 1, 12-5-72: Ord. No. 82-6, § 1, 2-2-82) http://l ivepublish.municode.com/4/lpextdllllnfobase2811/831 O/8e7 a/8fDc?fn=document - fra... 5/4/2004 f .. .." IN THE CIRCillT COURT-OF TIm 11TH JUDICIAL CIRCUIT IN AND FOR M:IAlvll- DADE COUNTY, FLORIDA AVENTURA-BNSBNADA, INC., a FJorida corporation, CASE NO.: 03-14305 CA 27 Plaintiff; vs, CITY OF A VENTURA, FLORIDA, a Florida m1.JIricipal corporation, Defendant. NOTICE OF SERVICE OF DEFENDANT'S UNVERIFJED ANSWERSTO INTERROGATORIES Defendant, CITY OF AVENTURA, FLORIDA, by and tbIough its undersigned ai.'1omeýs, serves Notice of its ADsw~s to Plaintiff s Interrogatories- CERTIFICATE OF SERVICE I E1:EREBY CERTIFY that a true and correct copy of the foregoing has been sent by r-- U.S. Mail and facsimi1e tillS JC day of September, 2003 to Anthony J. Carriuolo, Esq., Bager Singennan, 350 East J;¡,as Olas Blvd., Suite 1000, Fort Lauderdale, Florida 33301. , - . WEISS SEROTA HELFMAN P ASTORIZA GUEDES COLE & BONISIŒ, P.A: Attorneys for Defendant . 3107 Stirling Road, #300 Fort Lauderdale, FL 33312 Telephone: (954) 763-4242 Pacsinrile: (954) 764--7770 ~~.. . ~eaIÑo.e;1015 . .'. . Je:rmifer A. Goldberg . , . F1a. BarNo. 502431 WEISS SEROTA HELn"AN PASTORIZA '" GUEDES, P.A. 3107 "'ACING ROAe, SUITE >00, 'ORT LAueEReALE, FLORIOA 33312' TEL. leS41763-4242 . ,AX tes41764-7770/ I . c¡ 11.//)3 -------..--- .-- . " ," INTERROGATORIES L List the names and addresses of all persons who are believed or mown by you, your agents, or YOm attorneys to have any 1000wledge concerning any of the issues in this lawsuit (including defensive arguments you. reasonably expect to assert), and specify the subject matter about which each witness has knowledge. Answer: (I) Joanne Carr, City Planner, has knowledge regarding the enactment of the ordinances, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, FL 33180; (2) Brenda Kelley, fanner Héad of Community Development and Plamring Director, has knowledge of the enactment of the ordinances (address will be forthcoming); (3) Eric Soroka, City Manager, City of Aventura, has lmowledge regarding the enactm.ent of the ordIDances, Gove=en1 Center, 19200 W, Country Club Drive, Aventura, FL33180; and (6) Bob Sherman, Director of Community Service, has lmowledge regarding the City's public parks, City Df Aventura, Government Center, 19200 W. Country Club Drive, A"entura, FL 33180 2- Identify all persons involved in changing the zoning category or p=issible uses applicable to the Property from "RU-4A" [under the County Code] (multifamliy' residential and hotel uses) to "Co=unity Facilities District (DF)" [under the City Code], and identify each person's specific role or involvement. Answer: Please see answer number 1, Adèdtionally, the members ofllie 1999 City , Commission: Arthur Berger; Jay Beskin; Ken Cohen; Harry HoJzberg; Jeffrey Perlow; Patricia Rogers'Libert; Mayor Arthur Snyder. The addresses of the foregoing commission members, for the purposes. of this lawsuit, will be c/o Weiss Serota Helfmann Pastoriza Guedes Cole & Bo:niske, P.A., 3107 Stirling Road, Suite 300, Fort Lauderdale, Florida 33312. 2 wtlSS SEROTA HELFMAN ÞASTORIZA & GUEDES, F.A, 3107 STIRLING ROAe, SUITE 300. FORT CAUO¡:ROALE. FLORIO>. 33312 . TEL. IS"4) 763-4242 ' FAX (95." 764-7770 De~cribe with full particularity the procedure utilized by the Citý to change ihe zoning category applicable to the Property from "RU--4A" [under the County Code) to "CP." [under the City Code). 3. Answer: In 1999, the City adopted its first full set ofland development regulations C"LDR's"), rezoning all parcels ofland in the City to conform to the new zoning district regulations. Prior to the adoption of the LDR's, and pursuant to the City charter, the City utilized the zoning districts provided by Dade County from the time of the City's ~reation until the arloption of the LDR's in 1999. Ordinance No. 99-09 served to adopt tb.e LDR's, while Ordinance No. 99-10 served to accomplish the rezoning ofllie entire 3.2 square miles of the City by adoption of a zoning map. The parcels of property within the City were zoned to conform with their then existing land uses. Describe with full particularity the rationale supporting the City's c1U\JJ.ge of ihe zoning category applicable to the Property from "RU-4A" [under the County Code] to "CF." [under the City Code), 4. Answer: Objection. Interrogatory number 4 improperly seeks to inquixe into the motivations underlying ihe enactment of legislation. Although a pa:rty may seek information relating to the purpose of challenged legislation, it is impeårrissib1e to inqllire into motive. WEISS SEROTA HELFMAN FASTORIZA '" GUEOES, P.A. 3107 STIRLING ROAO, SUITt 300, 'CRT LAUO.R.OALE, FLORIOA 3331< . T.L. las.> 7S3-4Z<2 ' FAX 1954> 754-7170 , / 5. Describe with full particuJarity all actions talœn by or on behalf.of the City in coJ3Jlection with the change of the zoning category applicable to the Property from "RU-4A" to "CF", including any and all investigations, studies, swveys,and analyses performed by the City in connection with the decision to change the Pl'Operty's zonillg category. Answer: Objection, Inten-ogatOlY number 5 i.s vague and ambiguous. Without waiving the foregoing objections, please refer to answers to Interrogatories numbers 3 and 4. 6. Identify each person or entity who installed the following on the Property: (a) a sign indicating "George Berlin Park"; (b) a bench; (c) a trash receptacle; (d) a "scoop dispenser"; (e) BÌgnAge instructing dog owners to clean up after their dogs; (f) a flagpole; (g) . the American flag on the fl2.0"Pole; . (h) sprinJ¡}ers or other irrigation on the Property. Answer: The City did not install any of the foregoing objects on the Property: Upon iIrformation and belief, the Joint Council of Aventura, a. private. entity unaffiliated with the City of Aventura, placed the aforamentioned objects on the Property, 4 WEISS SEROTA'HELFMAN "ASTORIZA '" GUEOES, P.A, 3107 STiRLING ROAD, SUITE 300, FORT CAUOERDAC<, FLORIDA 3331> . TEl. (e54) 763-424" . FAX (9S4) 764-7770 -----------. \ " . 7. Idelltify eacl1 person or entity who has cared for, maintained, or.provided funding for the' following on the Property: ' (a) a sign indicating "George Berlin Park"; (b) a bench; (c) a irash receptacle; (d) a "scoop dispenser"; (e) signage instructing dog owners to cleanup after their dogs; (f) a flagpole; . (g) the American flag on the flagpole; (h) sprinlders or other inigaíion on the Properly. AJJ1Jwer: The City .did not and has not cared for, mallrtained or provided funding for the aforementioned objects. UpDn information and belief, the Joint Council of Aventura, a priváte entity unaffiliated with the City of Aventura, cared faI, maintained or provided funding for the aforementioned objects. 8. Identify all other parcels of real property within the City for which the actnal permitted, conditional or prohibited uses were modified by the City's enactment of the ]999 Ordinances (specify tax folio numbers, street addresses and gross acreage of each . affected parcel), Answer: Objection, Interrogatory number 8 is overbroad, ambiguous and not reasonably calculated to lead to the discovery of admissible evidence- Additionally, the wormation sought in this futen-ogatory is a matter of public record that haB aJready beem obtained by the Plaintiff in a public records request. Without waiving the foregoing objections, please see the Land Development Code and thlò maps indiéating the use for each parcel within the City prior to-and after the enac1ment of the Ordinances. WEISS SEROTA HELF"'AN PASTORIZA '" GUECES, P.A. 3'°7 STIRLING ROAD, SUITE 300, FORT LAUDERDALE, FLORIOA 33012 . Tn. (954) 7.63-4.'" . T"'" (954)764-7770 ---------'- 9. Identify all other parcels of real property within the City for which the actual permitted or conditional uses were reduced by the City's enactment of the 1999 Ordinances (specify tax foliD numbers, street addresses and gross acreage of each affected parcel). ADswer: Please refer to answer to Inten-ogatory number 8. 10- For each Request for Ad!nission (served concurrently herewith) to which the City responded with a complete or partial denial, describe with full particularity the factual basis for each denial. . ADswer: 1, The City does not know whether AEI owned the Property in fee silnpie from at least 1990 through the effective date of the 1999 Ordinances. The deed recorded at Official Records Book 7111, Page 501 of the Public Records of Miami-Dade County, Florida speaks for itself. 2. The City did not know that AEI as the owner of the Property. 3. The request is vague and overbroad 6. ABI did not obtain any permits nor submit any applications for any use of the Property. Thus,- the City did riot grant AEI permission to construct a Inulti-fami1y a:partment house, apartment, hotel, a:partment. hotel or any other use of the Property permitted under the County Code. 7. AEI was not prohibited from applyjng for a re-zomng of the Property to utilize the Property for those uses permitted under RU-4A. .8. AEI chose not to appiy fOT a re-zomng of the Property, which if granted, wou1d permit different uses than those listed in the 1999 Ordinances applicable tD the Property. 9.. AEI chose not to apply for a re-zomng of the Property, which if granted, would permit different conditional uses than those listed in. the 1999 Ordinances applicable to the Property. , . WEISS SE"OTA HELFMAN P'.5TORIZA & C;UEDES, P.A. 3107 STIRliNG ROAD, SUtTE >00, FO"T LAUDE"DALE, FLORIDA 33310 ' TEL. '6541763-4240 . FAX '8541764-7770 "'--.- .----- -----.--.---- 10. AEI chose not to apply for a re-zoning of the Prope1ty, which if granted, would prohibit diff~rent uses than those listed in the 1999 Ordinances applicable to the Property. 11. The City's enactment oftbe 1999 Ordinances did not diminish the economic value of the Property, 8B there are still many uses permitted under the new zoning regulations that allow for beneficial and economical uses ofth~ Property, 12. The t= "for most of the properties" is vague and ambiguous. 13. The City has not c1=acterized, treated orrecognized the Property as a public park. 14. The t= "representatives ofllie City" is vague and ambiguous. The City does not recognize the Property as a public park and cannot detemrine whether it has "representatives" who refer to the Property as "George Berlin Park" without knowIDg the names of these alleged representatives, 16. The City did not inBtall or place the sign indicating "George Berlin Park" Property. 18. The City did not install or place any benches on the Property. 20. The City did not inBtall or place any trash receptacles on the Property. 22: The City did not install or place a "scoop dispense" on the Property. 24. The City did not install or place any signage on the Property. 26. The City did not install orp1ace a flagpole on the Property. 28, The City has not refused to "restore the Property the level of uses permitted under applicable zoning prior to enactment of the 1999 Ordina¡¡ces." AEI has not applied for a re-zoning. Thus, the City had no application to "refuse." 29. The City has not refused to meet with AEI representatives for a preapplication meeting. 'However, the City has advised AEI representatives that they need to submit a rezoning application before the City can consider changing the zoning of the hoperty. To date, AEI has not submitted any rezOIring applications. ' 30. The City has not "ref11Sed" to exercise its "discretion" to p=it the development of am1Ùtifamily high-density residential building ("RMF4 Dismct") byAEI on the Property. However, as AEI has been arlvised, the City cannot perrillt such a use of the Property without a rezonìng of the Property having been approved. A rezornng of the Property carmel be approved or even considered UIÙess and until ARI files a rezoning application. 31. The tenH "discretionary approval" is vague and ambiguous. WElS$ SEROTA HELF'MAN ~A5TORIZA a GUEOES, ~,A. 3107 STIRLING ROAD, SUITE 300, 'ORT LAUOERDALE, FLORIDA 3331. . TEL. t9541 763-4.4. . PAX 19S4' 764-7770 . , 37. The term "substantially changed" is vague and ambiguous, The City denies that the 1999 Ordinances substantially changed the pèrmitted use categories affecting the Property, especiilly in light of the manner in which the Property has been used for years even prior to the inception of the City of Aventura. 40. The City considered several factors, in addition to the fact that the Property has the appearance of a park For years prior to the incorporation of the City of A ventura, the owner of the Property held .the Property outto the public as a park, The Property had the appearance of a park, was apparently used by the Owner as a park; and the public had apparently been permitted by the Owner to use the Properly as a park. For years prior to the inception of the City of A ventura, there had been a sign On the Property indicating that the Property is a park and the Property had been maintained as a park. The City rezoned the Property to reflect the pmpose for which it Was being used, 41. The City had no intent to limit the use of the Property by enacting the Ordinances. 11. Please describe all permissible or conditional uses to which the Property could have been put immediately prior to the City's enactment of the 1999 Ord:imÌnces (please specify all codes, ordinanm:s or other authorities supporting your response). . Answer-. Objection. Interrogatory number n is overbroad, vague, ambiguous aIld lacks specifici<ty regarding a particular time period. Without waiving the foregoing objections, please refer to the Dade County Code as it was immediately prior to 1999.. WEISS SEROTA HELrMAN PASTORlZA" aUEOES, P.A. 3107 STIRLING ".OAO, 5utTE 300, FORT LAUOEROALE, rLORIOA 33312 . TEL. t9S4' 763-4242 . rAX (9S4) 764-7770 " 12. PleaBe describe all pemlissible or conditionaJ uses to which the Properly may be put as a result of the City's enactment of the 1999 Ordinances (please specify aU codes, ordinances, or other authorities SUPPOrtùlg your response), Answer; Objection. Intenogatory number 12 is overbroad, vague, ambiguous and lacks specificity regarding a particular time period. Without waiving the foregoing objections, pleaBe refer to Ordinances 99-09 and 99-10, in addition the Land Development Regulations. 13- Under the zoning. category currently applicabie to the Property, may the Property be used for any multifamily high-denSity residential buildings? Answer: No, However, if Plamtiff applies for, and is granted, a re-zonmg of the Property, then the City will possess the discretion to p=it AEI to put the Property to a multifamily residential building use. WEISS SEROT'; HELFMAN OASTORIZA IX aUEOES, O.A. 3107 S',"LlNG _AO"'O, sum 300, FOAT LAUO'E:ROALE:, FLOAIDA 33312 , TE:C. 1954> 7<;3-4.242' FAX t9s~17S4-777D 14. ,/ , Under the ZOIring category cun-enHy applicable to .the Property, does the City possess the discretion to pennit AEI to put the , Property to any multifamily high density residential building uses? ÁI1swer. No, However, if Plaintiff applies for, and is granted, a re-zoning of the Property, then the City wj]] possess the discretion to permit AEI to put the Property to a multifamily residential building use. . 15. Why did the City advise AEI, by letter 'elated October 2,:WO2 (wough counsE:1), that if AEI sought to restore the "RU-4A" zoning category [under the County Code] (or its equivaleut. under the City Code) to the Property, AEI (and not the City) would be required to take action? Answer: Pursuant to the City's Land Development Code, a property owner who wishes to rezone certain property must apply for such a rezoning. This appDcation must be approved by the City Commission. If AEI wants a rezoning .of the Property, AEI must apply for a rezoning of the Property. . 3tD7 STIRLING ROAD, SUITE >00, FORTLAUOEROALE, FLORIDA 33312 'nL. Ie..) 763-':242 . FAX 1954) 764-7770 10 Wõ:ISS S~ROTA H~LFMAN PASTORlZA '" GU~OE:S, P.A. . --~-- ----------- 17. 16. Has the City characterized the Property as a public park i:n an')' way, including but not limited to public announcements, annual or periodic reports or statements of public lands, publications (or support for private publications or distribution) of documents showing or describing the Property as a public park, notices scheduling public events to occur on '!he Property, rules/regulations/policies concerning the City's regulation of use of the Property (e.g. birthday parties or oilier gatherings), inclusion of the Property in lands owned or controlled by the City, receipt ofloca!, county, regional or federal funds due to the characterization of the Property as a "public park", or verbal or written statements or representations t6 any third persons that the Property is (or was) a public park? If so, identify all documents refen-ing to such charactelization by ilie City. Answer: The City has not characterized ilie park in any capacity. It simply rezoned ilie Property in conformance willi its appearance and use as it had been for years, even prior to the existence of the City of Aventw-a. Please identify all insurance policies (including all endorsements, riders or oilier addenda thereto) covering the City for any c1:rimB or losses aBsociated with publicly-ownedor public1y con1rolled lands within the City, Answer: Florida League of Cities. 3'07 S7'RC"G ROAD, SU'H 3°C>, FORT CAUO'ROAC<, 'COR'DA 33",2 . '"c. teS4) 753-4242 . "'oX teS4) 754-7770 11 WE:ISS SE:~CTA HE:C",,'AN PASTO~lZA '" GUE:CŒ, p.A. -n____- , . 18. Have any persons or entities made any clallns against the City (or its insUrers) for physical mjmies, or property damage, relating to the Property (Dr any use or condition thereon)? Answer: No, The Property is not owned by the City, nor is it insured by the City. 19- Please identify eacb and every economícally beneficial use to which the property may be put currently. Answer: Objection. IDterrogatory nmnber 19 is overbroad, vague 'and ambiguous. Withaui waiving the foregomg obj ections, .Plamtiff may derive economically beneficial use of the Property from any of the permitted and conditional uses specified m Ordinances 99-09 and 99-10 and the Land Development Code. 0'07 s-rIR"NO ROAo, SUITE 300. FORT CAuotRoACE, FCoRIOA 33312 . TEC. 1964> 763-42<>2 . FAX Œ541 764-7770 12 WE'SS SEROTA HECFMAN MSTDRIZA EX GUEOES, P.A, 20, Is the Property beingcunently used as a parle? If you deny that the Property is being current1y used as a public park, please describe the use(s) to which the Property is being put, and by whom, AllSWE:f'. The City is without knowledge regarding the CUlTent use of the Property, as the City does not own the Property. However, upon information and belief, fue Property is being used as a park. 21. Please identify with particularity all actions taken by the City, since the enactment of the 1999 Ordinances, regarding or affecting the Property. Answer: Objection: IJ1terrogatory number 21 is overbroad, vague and ambiguous. Without waiving the foregoing objections, the City has done notl:ring regarding or affecting the Property since the enaciment of the Ordinances. 3107 "'RL"'. ROAD, SUITE 3000, FORT LAUDERO"'L", f"LORIDA 3331< ' TEL, '.541763-4.42 . FÞ.X '.5-'1' 754-7770 13 W"'SS S"RCTA H"LFMAN PASTO~IZA & OUEOE., P.A. ;./ IN THE CIRCUIT COURT OF TIlE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURlSDICTION DIVISION CASE NO,: 03-14305 CA 27 A VENTURA-ENSENADA, mc-, 'aFlDrida corpo:rntion, Plamtiff, vs. CITY OF A VENTURA, FLORIDA, a Flo:rida municipal corporation, Defendant. NOTICE OF SERVICE OF VERIFICATION PAGE Defendant, CITY OF A VENTURA, FLORIDA, by and tbrougb. it~ undersigned attorneys, serves Notice of Verification Page .toits First Set of futerrogatories to Plaintiff, A VENTURA- ENSENADA, INC. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and COITect copy' of the foregoing has been sent by D.S, Mail and facs:iJniJo. this 29th day of September, 2003 to Rime Harrod, Esq., Berger Singennan, 350 East Las Olas Boulevard, Suite 1000, Fort Lauderdale, Florida33301. WEISS SEROTAHELFMANPASTORIZA GUEDBS COLE & BONISKE, P.A. Attorneys for Defendant 3107 S&lingRoad, Suite 300 Fort LaUderdale, Florida 33312 Telephone: (954) 763-4242 Facsimile: (954) 764-7770 By: Lewis, Esq. "- BarNo-: 331015 J emrifer A. Goldberg, Eq- Fla. BarNo.: 502431 WEISS ""ROTA HEl'MAN P-"-S~O~]~.~ "~_~D~~~.~..:. ..-.'. ... '0." .,./ ------ I , . , ~t~~lti~¿UUj IHU Uq:q¿ rn Wtl~~ iiJ:.J<U!'R HWnAN PA - -.- ~- - --"",- lAX NO, 9b47Bf/T/D P, 15 Cl'fY OF A '\I:BN'nJRA, FLO a Florida ~p.a! cD'1)orlltÍo By C:' . Eric Soroka City ManagQI A STATEOFFLO1UDA ) )88: COUNTY OF MfAMI-DADE) instruml:I1t WIlS swam to and day of , 2003, by i1E o!the City of AvcqtUl'll, arid.., who is D"r.~n.l\y Irnn- t~ TTlli or 01 ft asid""tìfjcarion, . NOTM PUBUtQ Sign: ~jJ. ~ td.iJÞ Print: f¡-¡.:n ft{QJ/.XD My Commission Expires: (SEAL) 14. W"t5$ StROT" HELF"'~N P"$To~t"'" '" CUED"'. P.". 3>0> ET'"C'NC "O~O. ""IT< 000. ..,., """OEROAL<. ,"OR<O" ~.". ,-¡<C. c..., >.~-<.... ,.,~ ,aOA' >S..7HO - - ------'-'.-----..-, IN THE CIRCU1T COURT OF THE 11TH ruDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA A VENTURA- ENSENADA, INC., a Florida corporation, CASE NO. 03-14305 CA 27 Plaintiff, vs. CITY OF A VENTURA, FLORIDA, a Florida municipal corporation, Defendant. NOTICE OF FILING Plaintiff, Aventura-Ensenada, Inc. (hereinafter refen-ed to as "AEI"), by and through his undersigned counsel, gives Notice of Filing The Original Affidavit of Samuel E. Poole, ill dated January 6, 2004 with exhibits thereto to be considered in connection with Defendant's Motion to Dismiss and/or for Summary Judgment. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and con-ectcopyofthis Notice was forwarded via U.S. mail and hand delivery to Jennifer Goldberg, Esq., Weiss Serota, Helfman, Pastoriza, Guedes, Cole & /ß( Boniske, P .A., 3107 Stirling Road, Suite 300, Fort Lauderdale, Florida, 33312 this J.i.: Clay of January 2004. BERGER SINGERMAN Attorneys for Plaintiff 350 East Las Olas Boulevard, Suite 1000 Fort Lauderdale, Florida 33301 Tel: (954) 525-99 Fax: (954) 3-287 i ' By: 188532.1/4998.0021805 FTL 1/6/2004wp8 - BERGER SINGERMAN allorneys al law 350 EaSt Las Olas Bouleva" 5uiJe 1000 Fan Laud"dale, Flo,ida 3330' Telephone 9545259900 Fa"imile 9545232872 "" """ "" ""u'", M"mi "'10""" IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA AVENTURA-ENSENADA, INc., a Florida corporation, CASE NO.: 03-14305 CA 27 Plaintiff, vs. CITY OF A VENTURA, FLORIDA, a Florida municipal corporation, Defendant. AFFIDAVIT OF SAMUEL E. POOLE. III State of Florida SS: County ofBroward SAMUEL E. POOLE, III, being duly sworn, hereby deposes and says as follows: 1. I am a partner of the law finn of Berger Singennan, P A. I have served as legal counsel for the plaintiff, Aventura-Ensenada, Inc. ("AEI"), in connection with its planned development of certain property located in Aventura, Florida (namely, a .51 acre parcel at the comer of 34th Avenue and North Country Club Drive) that is in dispute in this litigation (the "Property"). The matters asserted herein are true and COITect and I have personal knowledge thereof, unless otherwise stated. 2. Berger Singennan was engaged to investigate the development opportunities of the Property. I researched the then-existing zoning and comprehensive plan designations of the parcels under the Land Development Regulations enacted by the City of Aventura (the "City") in July 1999, and under the Dade County Zoning Code in effect immediately prior to the enactment 246417-3 of the City's Land Development Regulations. My investigation included a review of the City's zoning map (adopted in July 1999 along with its Land Development Regulations) and a June 4, 2001 teleconference with the City's Senior Planner, Joann Carr; I learned that the City had rezoned the Property as "Community Facilities" (CF). Under the County Code, the Property had been zoned "RU-4A" which permitted medium high-density residential uses; under the City's "Community Facilities" designation, residential uses on the Property were expressly prohibited. 1 thereafter met in person with Aventura Development Director Brenda Kelley, and Joann Carr, on June 12, 2001 to address these matters and to determine the City's positions on AEI's plans to develop the Property in combination with adjacent parcels owned or controlled by AEI. 3. At the June 12, 2001 meeting, Kelley and Carr explained that the City had rezoned the Property as "Community Facilities," and that, under that designation, AEI could not develop the Property for residential purposes. Kelley and Carr expressed to me that they were unaware that the Property was still owned privately. I asked who maintained the portion of the Property referred to as the "George Berlin Park." Kelley responded that a private landscape firm probably maintained it. I asked if the City had plans to purchase the private property for use as a park. Kelley responded by asking if the owner was interested in giving the park site to the City. Since the Property is but one portion of the parcels which AEI sought to assemble for development, I responded that the owner would be willing to work with the City to prepare an acceptable development plan encompassing the combined parcels that could include dedicating some or all of the Property to the City as a permanent park site. I agreed to have some initial conceptual plans prepared as a way to begin discussions with the City for the realization of the owner's development rights while meeting the City's desire for public open space at the park site. 246417-3 2 4- Between June 12, 2001 and April 9, 2002, I reviewed the City's Land Development Regulations, the City's Comprehensive Plan materials in detail, met with Dade County planning and zoning staff and DERM staff, and met with (or spoke with) representatives of the South Florida Water Management District, Florida DEP and U.S- Anny Corps of Engineers concerning development issues affecting the Property and its adjacent parcels. City staff asked me for proof that the Property was privately owned; in response, I provided copies of the deeds, legal descriptions and sketches of the parcels to City Attorney David Wolpin- 5. On April 9, 2002 I again met with Brenda Kelley and Joann Can to discuss the circumstances of the City's down-zoning of the Property and what might be done to permit AEI to realize its investment-backed expectations concerning the Property. City Attorney David Wolpin also attended this meeting. It became clear from my discussions with these City representatives that the City down-zoned the subject property without determining ownership or development expectations, but merely because the Property looked like a park. Our discussions focused on development of the combined parcels and dedication of open space for a park. We identified issues that would need to be addressed to develop the Property, including the potential need for restoration of the former zoning on the Property and whether a comprehensive plan amendment would be required to accommodate a private development project. At the conclusion of the meeting, these City representatives did not identify any administrative remedies that would allow the property owner to realize its development expectations of the Property under the current zoning. We agreed that further analysis and discussion was needed concerning the zoning and comprehensive plan issues we had identified and that the City's technical site plan/design review staff should meet with the design team from AEI to work jointly on a design concept that would be acceptable to the city prior to initiating a formal site plan application. 246417-3 3 6. In response to my numerous telephone calls and electronic mail requests, City Manager Eric Soroka, Development Director Joann Carr and City Attorney David Wo1pin finally met with me on July 3, 2002 to consider a generalized site plan/building program analysis prepared by AEI's architect as a means of clarifying Aventura's position on its proposed development of the property. I explained the concept for development of the Property, including the concentration of development on a relatively small footprint and a dedication of land for park and open space purposes. City Manager Soroka objected to any development of these properties and argued that the comprehensive plan, zoning regulations, and environmental, access, open space and other issues actually prevented development on the Property. 7. Through electronic mails and letter correspondence to City Attorney David Wolpin on July 26, August 8, August 16, August 27, and September 4, 2002, I requested a meeting with City representatives to discuss the next steps to secure approvals for development of the Property and adjacent parcels. Despite these numerous requests, no meeting was ever granted by the City. 8. On September 18, 2002 I advised David Wolpin that AEI's architect was down from New York to work on the site plan for the Property and adjacent parcels, and I requested a site plan pre-application conference with the City as required upon request under Section 131- 71(c) of the City's Land Development Regulations. The primary purpose of the pre-application conference was to give the City the opportunity to provide us infonnation on any available uses of the Property that might satisfy AEI's investment-backed expectations and to discuss application processes and other issues relating to AEI's interest in developing the Property to the fullest extent possible. In spite of AEI's belief that the City had wrongfully enacted its Land Development Regulations, AEI spent considerable effort and monies to illustrate in a flexible 246417-3 4 way its reasonable investment-backed expectations and gave the City every opportunity to work out a mutually acceptable solution without resort to litigation. The City never convened a pre- application meeting despite my several requests, even though the language in its own Land Development Regulations expressly provides that "the Community Development Director shall, upon request of the applicant, schedule and hold pre-application conferences for the purpose of reviewing the proposed development prior to the fonnal submission of an application for development approval." (emphasis added). 9. Between September 2002 and March 2003, AEI commissioned engineers and architects to provide the detailed infonnation needed to prepare a site plan and other infonnation required to conform to Sections 31-71 through 31-79 of the Land Development Regulations to secure approval of development of the Property and adjacent parcels. I called Joann Carr on February 28,2003 and again requested a pre-application conference so that we might, ifpossible, prepare a site plan which would be consistent with the views and positions of the City and AEI. Carr referred me to Wolpin. On March 11, 2003 I emailed a request for a March 17 pre- application conference to Wolpin, noting that the project architect from New York would be in town for the pre-application conference. I emailed Wolpin again on March 11, 2003, stating that time was of the essence for us to convene a pre-application conference. The architect came down and waited for a week and returned to New York without being able to meet with the City to determine what uses of the Property might be acceptable to the City without resort to litigation. 10. On March 31, 2003 I sent a letter to Wolpin reciting our efforts to schedule a pre- application conference, our substantial investment in architect, engineering and legal fees in preparing plans for the Property without the benefit of input from the City (despite our numerous 246417-3 5 .-.. -------,. r---- ..------ 1 -- ---- - - -.." -- requests for that input). I repeated that time was of the essence and asked for a pre-application conference as soon as possible. 11. With still no response from the City and time running out on AEI's ability to complete any meaningful development approval process prior to the end of the four-year statute of limitations which arguably applied to AEI's claims for a taking of private property rights without just compensation, I sent another letter to Wolpin on April 10, 2003 requesting a meeting with the City to determine if there was anything that might be done to obtain guidance from the City about the possible uses of the Property consistent with the owner's private property rights. I requested a response indicating cooperation in preparing a project or an agreement to resolve our differences in a dispute resolution forum. 12. When the City refused to respond to our numerous requests for a pre-application conference, we filed the claim for inverse condemnation on June 17,2003. 13. On January 6, 2004, I requested a copy of the City of Aventura Comprehensive Plan from the City. I provided a check for $50.00 in purchase of a copy, and a true and correct copy of that check is attached hereto as Exhibit A. In return, I received fi:om Paulette Murray of the City's Department of Community Development a cover letter and a copy of the City's Comprehensive Plan, true and correct copies of which are attached hereto as Exhibit B. 246417-3 6 -"---'T~ T -- FURTHER AFFIANT SA YETH NOT. 22 E{a~ r Sworn to and subscribed before me this 6th day of January, 2004, by Samuel E. Poole, III, who is personally known to me and who took an oath. NOTARY PUBLIC =Si8D"--" ~ Pri~~ u \£ ~ l ~c}.) Ä-"R (SEAL) My Commission Expires: 246417-3 BONNIE P. MCNAIR MY COMMISSION # CC 989112 EXPIRES: Man:h 4, 2005 Boo"""""N".""~U_", 7 PAY BERGER SINGERMAN, P.A,'- ATTORNEYSATLAW - . OPERATING ACCOUNT." ", . 350 E. LAS O!.AS 8Lv:J, SU:T= 100c FOq- LAUDEQ:JAL. "L 33301 .", ,,',,' '.:.-.:',:,"""'.:,:'-'. Cm'NATlCNACBAN<oc. 'LC"'", <50 'AS. LAS ().AS ß:.VC ,. LAl"Ë'IDA.E, FL :,,"" 5820C '. . e3-43e..8&J DR. 1 DAïE Cf'.ECK ~~'-:r.Jr';- ::ë2GC' '0""'" 0' ,':: "" . ."l/Cé,/::.; " ... -.. '," . ~, >."..- " . '."',. ;' .. -" --'.::&;,.;,'"" ..~,. :."" on'. , , "'~i~.~~~~~9;(}Z<::\OO""" ' ~~ eA ---- /If TOTHE ' O~DERCIT.~' OF'. .:,;.':.!;.:~:::t::... l Date 01/06/04 .' ,~ .. ,:,,:.'ï".!.:\f':, .>,..;.'. 11"05820011" " ': .,': ,..,': . ' . 'i"5~C~"t';;FE'TU~SS'tN::L";EO orTAIt.50.nAt< ï: 1:0¡;¡;OOI,:¡¡;,,/I:~2005¡;g¡;801,1I" 58200 Disc Net Amt 50,00 Net Amt 50.00 """"ET!CIt.OU"""'-- ---------- City of A v en tufa Government Center 19200 West Country Club Drive Aventura, Florida 33180 JEFFREY M. PERLOW MAYOR January 6, 2004 Re: The City of A ventura Comprehensive Plan COMMtSSIONERS lEV AUERBACH JAY R. BESKIN KEN COHEN BOB DIAMOND HAnRY HOLZBERG MANNY GROSSMAN Dear Recipient, You will find the following two (2) revisions inserted as follows: ERIC M. SOROKA Crrv MANAGER Revision #1 Page 21 - Map 1-7 City of Aventura Future Land Use Map. Revision #2 Page 52 - Intergovernmental Coordination Element, Objective 1, Policies 1.11 Through 1.16. Feel free to contact this office at (306) 466-8940 with any questions you may have. Sincerely, T.~~ ~rn~ VJ' {L ~ Executive Assistant Department of Community Development c: comprehensiveplanrevision EXHIBIT ~ II !6 PHONE: 305466-8900 . FAX: 305466-8939 www.cityofaventura.com ~ rIt' . .~.,. y')., ' "". ',' ~,' .',13",' - ".. '-<!"" ' ':' ~ --~ci!:'- Jí ",_r"',,~~.r $t ~ ~. ~ ~ ~ ~ If/a,: . ""1 !I' 'HI ¡í!~ :.::: ~: ,~;~\!r?;~:I iã~\ ""t-.-......,:_".",.1"G.I"'" , ,": :.:"a~ít[r:..f::::':~~: ',"::J:\ ::-'¡I'h,ft:, ._",,~',.. \ ",r: ",-,.'~..,--::.-,.r' C'~ 'r> ... ~';, .~~i{;.;f~s::a:;: ~ ".,~i"'1'-,,".,':~~:",: I!!!!!!!!! ~".".".,,'11iiiiiiiii , >\\".., '"" ,,-' ....tI::::~. - Þ- ~ ~ J i ì~ t~ - ----T-T-- .. -T----- The City of Aventura Comprehensive Plan Adopted December 1998 Prepared by: 6 IVEY HARRIS & WALLS INc. , Preparation of this document was aided through the financial assistance received Irom the State of Florida under the local Govemment COOlprehensiv8'Plannlng A5slslanca Program, authorized by Chapter 87-98, Law or Florida, and administered by the Department of COOlmunlly Affairs. TABLE OF CONTENTS ACKNOWLEDGMENTS.............................................................. 5 INTRODUCTION ....................................................'.................... 7 FUTURE LAND USE ELEMENT ..............................................10 lAND USE GOAL.............,.........................................................................10 TRANSPORTATION ELEMENT ............................................... 23 TRANSPORTATION GOAL.,.......................................,...............................23 PARKS and RECREATION ELEMENT....................................28 PARKS AND RECREATION GOAL.............................................................28 HOUSING ELEMENT................................................................ 31 HOUSING GOAL....................................,...................................................31 INFRASTRUCTURE ELEMENT ............................................... 35 INFRASTRUCTURE GOAL INFRAS1RUCTURE GOAL 2..................,.......,...........................................36 AQUIFER RECHARGE GOAL.............................,.......................................40 SOLID WASTE GOAL............,.......,.......,..............,...,...........,.....................40 CAPITAL IMPROVEMENTS ELEMENT...................................42 CAPITAL IMPROVEMENT GOAL CONCURRENCY MANAGEMENT SYSTEM.............. .. 48 INTERGOVERNMENTAL COORDINATION ELEMENT.."""" 51 INTERGOVERNMENTAL COORDINATION GOAL ............... .. 51 CONSERVATION & COA~TAL MANAGEMENT ELEMENT.. 55 COASTAL MANAGEMENT GOAL CONSERVATION GOAL 55 63 ECONOMIC DEVELOPMENT ELEMENT ................................ 70 ECONOMIC DEVELOPMENT GOAL .........................'................. ,.70 URBAN DESIGN ELEMENT ....................................................72 URBAN DESIGN 72 LIST OF MAPS Map 1-1: Existing Land Use 20 Maps 1-7 to 1-9: Adopled Future Land Use Map Senes..................... .. 21 Maps 2-5 10 2-8: Adopted Transportation Map Series... ..27 LIST OF FIGURES Figure 1: Town Center! Thunder Alley District Concepl Plan......... , 74 Figure 2: Hospital District Concept 75 The City o'-Äventura Comprehensive Plan Adopted December,1998 "The City of Excellence" P age III ACKNOWLEDGMENTS Ivey, HaITls & Walls, Inc, expresses tÞeir appreciation to the follov.ing individuals and groupS for their inpul, time and efforts in developing tÞis CompreÞensive Plan. ArtÞur I. Snyder, Mayor Commissioners: Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Eric M. Soroka, City Manager Brenda Kelley, Commllnlty Development Director TÞe administrative s\aff and citizens of \Þe City o! IIvenlura, Ivey Hartis & Walls, Inc. 631 Sollth Orlando Avenue Winter Park, Florida 32789 (407) 629-8880 Ed Preston and Associates Easton Consulting Services The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" , Page 5 INTRODUCTION In 1995. the aty of Aventura was InCOlpOfa(ed through the «reless efforts 01 a small army of Indvlduas dedIcated 10 the tdeal of oontrolling their CIM1 destiny. While the reasons ror this shared belief were varIed, lew Issues were mare frequently discussed than \hose relating to planning and zoning, it was for this reason thaI \he aly ot Avenlura welcomed the opportunity to prepare a Comprehensive Plan. Having ncm completed \he planning process, \he City Is pleased 10 have adopted this Inaugural Plan \hat more than meets the Slale mandaled requlmmenls for Comprehensive Plans. The Avenlura story began approximately thirty (30) years ago, when developer Don Soffer purchased 785 8Q'es 01 vacant shoreline property In Northeasl Dade Counly. Currently, those 785 acres are fully InCOlXJrated v.I\hln \he 3.2 square mile aty of Aventura, Soffe(s vision was to create a 'comrnunlly with character", through Ihe formation of TumbelT'f Assœlales. The goal Is new being realized. The objectives and policies presented In \hIs document were eslabllshed 10 reffed Ihe Clly's oonllnued viston, The main objectIves of (his vlsloo Indude: the pfOledlon of Ihe high quality residential character 01 the City; conUnued malnlenance and enhancement of the CIty's retal and oIfIce Invenlory; selected Investmenl In 'publlc Identity' facIlItIes, such as a local transll system, parks and administratIve centers: the promotion of a TCM'tl Center; and, redevelopmenf and Ilpgradlng of \he nautical Industry and hospllal areas. The Ialiowing sedJons descr1be Ihe purpose tor each of the various Elements In which this documenlls organized, Future land Use The purpose 01 the City of Av6f1tura's Future land Use Element Is to Inventory Ihe existing land uses within the Clly, designate fulure land use paUems and analyze \he antIcIpated Impacts of prolecled populations on available vacant land and designated land uses. As Inventoried In 1997, \he City Is currently 94 percent developed wIth 146 vacant acres and 143 acres under conslructloo, The City has adopted land development categories \hal are largely consistent \OAlh those Induded within, the Miami-Dade County Comprehensive Developmenl Masler Plan (CDMP), The Fulure land Use Eismani creates one additional category to facilitate the eslabllshment or the T 0\'<!1 Center. The Town Center area Is encouraged to become a hub tor future urban development In Avenlura. ThIs Element also Identilles three redevelopment areas Including Thunder Alley, the Hospllal Dlstrlcl and the Blscayne Boulevard (US 1) corrfdor. TransportatIon The Aventura TransportaUon Element emphasizes the usa oIlhe local roadway and pedeStrian network for movement tnlernal to the cIty, In addition, opportunllles to promote use of the local netwoO< v.!llle minimizing reliance on \he regional network are Idenöfied, Public transportation within Ihe City of Aventura Is currently accomplished via fixed-roule service provided by the Miami-Dade Transit Agency, Broward County Mass Transll and a local dly operaled shulUe bus syslem, The Inler-counly nxed-roule TrI-Rail CO'nmuler service Is accessible to the residents of Aventura \hrough use of tha Golden Glades station, Public transporlaUon needs are also addressed through the use of paralrans" services, The FIQ¡jda Easl Coasl (FEC) Railroad runs along \he westem border or the City and may provide future passenger rail service. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Pege 7 Parka and Racrlltlon The City á Avoolura's Parks and Recreation Element Is inlended to inventory and plan for recreation and open space faàlilies v.ithln tha City of Aventura Ihat are accessible to Ihe public CUITootly, the Cily possesses more than adequate recreational facIlitIes. HC7N8ver, the City's desIre 10 provide residents y,¡lh fuR service amenities poinllo fulure expansions and improvements 10 tha City's recreatioolopen space Inventory. The Goals, Objectives and Policies aIm 10 maintain the current fevel á service by acquiring and utilizing open space within the clly Inclucing three new park slles, gooerally In Iha foiloMng locatIons: Town Cooler area: north rl207 Street: and the northwestem comer of Ihe clly. Housing The purpose of the Housing Element Is to Identify those appropriate plans and policies to meet projected deficits In the supply 01 housing for IaN to moderale Income Individuals, group homes, losler care facilities, and households with special needs. Housing in Avenlura ranges frcxn condcxnlniums and luxury townhouses to single family homes and upscae renlal canmunlties, with designs often renecting a Medllerranean Influooce The majority 01 the housing stock v.ithln the City of Avenlura Is characterized by high-lise muili-Iæ1l1y condcxnlnlum developmenl. Approximalely fifty (50) condominium developments exist v.ithln the City. Infrastructure The City of Aventura relies on Miæ1i-Dade County and North Miami Beach for potable waler, sanilary sewer and solid waste disposal services. Aventura consumes three percent or less of tha annual capadly al.each of these facilities. Solid waste services also are provided Ihrough privately negotiated agreemenls v.ith independent contractors. Presenlly, five (5) companies provide solid wasle disposal services to the Cily, with the disposal sites for these services located outside the City. Stormwater drainage facilities are the responsiblilly of the Cily and are acccxnplished through a system of canals, positive drainage, and on-slle retention. There are no existing or proposed well fields contemplaled within the munlcipá limils. . Capital Improvements The most signiflcant characleristic of the Capital Improvemenls Element (CIE) is thai II produces a 'financially leaslble' Comprehensive Plan. That Is, the CIE five-year forecast 01 infrastructure expenditures dearly demonstrates thl! City's ability 10 finance Inveslments aimed at correctIng existing deficiencies or expanding sØfVices as Identifled in other elements of the Ccxnprehenslve Plan. The purpose 01 the Aventura CIE Is to: evaluate the need for public facilities as Identified In the other comprehensive plan elements; estImate tha cost oIlmprovemenls for which the City has responsibility; analyze the fiscal capability á the City 10 flnance and conslruct improvements; adopt financial policies to guide the funding of Improvements and to schedule the timely Implementation of improvements .based on needs Identified In other comprehensive plan elements; and, Include requirements 10 ensure that an adequate concurrency managemenl system v.ill be Implemented by the Cily Overall, the CIE presents an Inventory of the public facility needs, existing revenue sources and funding mechanisms as they apply to the City á Aventura. The CIE Is updated annuaRy In conjunction with the City's budgeling process. Conservation and Coastal Management The purpose of the Conservation sulrelementls to Identify and assess existing natural resources within the City rI Aventura and provide the framework 10 guide the prudent future use and managerrient of these resources. CurrenUy, the entire city lies wilhln a sall-waler Inlruslon area of the Biscayne aquller and features Iwo Identified Mangrove wetlands. No stale or county Environmentally Endangered lands (EEL) or Conservation and Recreation lands are desIgnated or proposed v.ithln the city. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 8 The Coastal Managemenl sulrelamenl has been Wllllen 10 reflect the uniqueness of Ihe Avenlura coastal area, and the realities of planning for a highly developed coastal communlly. Avenlura Is not located on a barrier Island, bul It Is on the Inlracoastal WaIBlWaY, and conlalns an access route to the barrier Islands. Several high rlse waterfront developments .w1C/N views d the ocean shoreline. Economic Development -; I The City d Aventura has a slrong economic base anchored by the Iv.o-mlillon plus square loot Aventura Mall, the Avenlura Hospital, the Tumberry Counlry Club and slgnalure resldenllal communilles, such as Williams Island. Many larger cities cannot boasl of such recognizable and desirable residential and nonresidential developmenls. WhIle the upscale nalure cA the City Is obvious to all thai enter Ihe communUy, the CUy must continue to Insure the future economic vUallly 01 Its nonresidential and residential assels. The continued development, and perhaps of greater Importance, redevelopment of the CIIy must Include several key managemenl and marketing componenls Including the retentIon and expansion or exlsllng assels and Ihe allractlon of new business. Urban Design -; The Urban Design guidelines desCltbed In the Urban Design Element conslsl cA land use and design Cltleria thai \'.ill fur1her shape Ihe desirable urban fabrlc of Avenlura. The guidelines are defined In general tenns, and discussed In the form or recommendatloos relative 10 new development and redevelopmenl \'.ithln the Clly. The goals, objectives and policies encourage the redevelopment cA specific areas of Ihe city Including the 'Hospltal Area', Thunder Alley marina area and Blscayne Boulevard (US 1) corridor. They also provide a design concepllor the Town Cenler area, The goals, objectives and policies of this Elemenl aim to encourage a mix of uses, transil orIenled development, and pedeslrlan-frlendly parking, street, and clrculatioo systems. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 9 J 4 "ffi we, - ~&i i"._.,~~~ "i:¡ .-1'1 Iii ..~r[~:=-~=~:J ~=-- "ì, 'i i~~ ~ :i , ¡i -a 11 . ~'Z ~ i ~i:._, " :, .:,,\.~ ',\ ":;¡,~ "'"'.)] ¡ i ,.°'..-- .- --~-------r-r-- ..------- --" .------- - . :z « -' ß.. iL "-' '-..) :z c::, '-.) s:,¿ Ç::' :z "-' '-.) ~ ~ i 1 FUTURE LAND USE ELEMENT LAND USE GOAL -1 i Provide the best possible distribution of land use and services to meet the physical, social, cultural and economic needs of the present and future populations of the city. OBJECTIVE 1 The following land un denelUee, IntenelUes and approach.. shall be Incorporated In the land Development RegulaUons. Measure: Incorporallon of the stated land use designatIons Into the land Development RegulaUons. Policy 1.1 ~ The Future land Use map shall IdentIfy all residentIal land as one of the foll<Nling Residential Land Use Categorles: Low Densllv. The residentIal densitIes allowed In this category shall range from a minimum of 2.5 10 a maximum of 6.0 dwelling unlls per gross acre. This density category Is generally charactefized by single-family housing (e.g" single family delached, cluster, zero-iot-llne and townhouses). II could Include low-rlse apartmenls with extensive surrounding open space or a mixture of housing types provided that the maximum gross density Is not exceeded. ...; Low-Medium Densltv. This calegory allows a range In density from a minimum of 6.0 to a maximum of 13 dwelling units per gross acre. The types of housing typically found In areas designated low-medium denslly Include single-family homes, townhouses and low-rlse apartments. Zero-lot~lne single-family developments In Ihls category shall not exceed a density of 7.0 dwelling units per gross acfe. Medium Densltv. This category authorlzes apartmenl buildings ranging from 13 to 25 dwelling unlls per gross acre. The type of housing structure typically permitted In this category Include lownhouses and low-rlse and medlum-rlse apartments. Medlum-Hloh Densitv, This category authorlzes apartmenl buildings ranging from 25 to 60 dwelling units per gross acre. In this category, the height of buildings, and, therefore, the allalnment of densitIes approaching the maximum, depends to a great extenl on the dimensions of the slle, conditions such as locallon and availability of services, ability to provide suffldent off-streel parking, and the COO1patibllity with and impact of the development on surrounding areas, Policy 1.2 The Future Land Use map shaliidenlify all nonresldenti;i land as one of the foll<Nling nonresldenll;i land use categories: Industrial and OHlce Marlne Industrles, marlne manuracturlng operations, marine warehouses, marlne showrooms, mini-warehouses, office buildings, hospitals and medical buildings and similar uses are permitted tn areas designated as 'Industrial and Office' on the LUP map. Also Included are uUlity planls and public fadlilies. Only by conditional use approval as coolalned within the land development regulations may Marlne Industries, marine manufacturlng operations, marine warehouses, marlne comme<dal uses be permitted within this land use category. The specific range and Intenslly of uses approprlate In a particular Indus\J1al and Office property Is dependent on the particular land use, design, urban services, transportation, environmental and social coodltions on and around the subject parcel al the time of approval Including cooside<ation of applicable goals, objectives and policies, and the provisions of appilcable land development regulations I'Allch serve to Implement the comprehensive plan. The maximum allowable development Intensity sh;il be a ftoar area ratio of lotal building square footage (notlnduding parking structurns) dl~ded The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page10 by the net lot area of the development parcel of 2.0. Aclual intensilies approvable to a given sile may be significantly lower than the maximum where necessary to confonn to an overTiding Plan policy, or to maintain compatibilily of the development with ils surroundings Business and Office This category aCWl1modates the fun range cí sales and service activities. Induded are rei ail. Y;!1o1esale, personal and professional services, commercial and professional offices, holels, motels. hospitals, medical buildings, nursing homes, entertainment and cullural facililies, <i'11usements and commercial recrealion eslablishmenls. HCM'ever, private commercial marinas may only'be penniRed as a condllional use as conlalned within the land development regulalions. These uses may occur In self-contained centers, high-rise slruclures, campus parks, TCM'Il Cenlers or In nodes defined by Ihe Intersection cí two arterial roadways or the Intersection cí an arterial and a local 01 collector street. Addilionally, Ihe Metropolilan Urban Cenler (MUG) designation as descr1bed and adopled within the Miami-Dada Comprehensive Master Development Plan may be applied as an overlay within this land use category. The specific range and intensity of uses appropriate In a partiCtJlar Business and Office property is dependent on the particular land use, design, urban services, Iransportation, environmental and sodal condilions on and around the subject parcel at the time cí approval including consideration cí applicable goals, objectives and poIloIes, and the provisions of applicable land development regulaliohs Y;!1ich serve to implement the comprehensive plan. The maximum allowable development Intenslly shall be a noar area ratio of lotal building square footage (not Including parking slructures) divided by the net lot area of the development parcel cí 2,0. Actual intensilies approvable to a given site may be significanlly lower Ihan the maximum where necessary to confonn to an overriding Plan policy, or 10 maintain COOlpatibmty of the development with lis surroundings. Town Center Town Centers are encouraged 10 become hubs fOl future urban development in Aventura, around Y;!1ich a more COOlpact and efficient urban structure will evolve. TCM'Il Centers are Inlended 10 be moderate-to hlgh~ntensily design-unified areas vd1ich v.iU contain a mixture 01 different urban functions Integraled both horizontally and vertically. Town Centers shall be characterlzed by physical cohesiveness, direct accessibility by mass Iransll service, and high quality urban design. The development of each Town Center will be managed through the creation of a themalic plan, which shall outline its major charac:terislics and specify the design and regulatory tools necessary to achievathose characterlslics. The implementation Town Centers may be directed through the establishment of zoning and other land usa regulations unique to each zone. Town Centers will act as the prlmary method by which the City shall Implement Miami-Dade Counlýs nelmlk of urban centers, and the planning and regulatory measures used to design ale and guide such areas vdH be developed In general conformity with the County's urban center deslgnalion, where the urban center designation adheres to Ihose land development regulations that serve to implemenlthe City's comprehensive plan. The locations and the mix and configuration of land uses with a Town Center should be designed to encourage convenient, Internal pedestrlan circulalion to provide mOle effiolent land use than recent suburban developmenl lonns, and to create Identifiable centers of activity. They shall be designed to create and Idenlify a distinctive sense cí place through unily of design and distinctively urban architecturat character 01 new development and redevelopment. The Town Cenler deslgnalion can be applied as an exduslve land use category on the fulure land use plan map, 01 can be overlaid on any existing Business and Office and tndustrial and Office land use plan map designation meeling all the crileria sel forth In the Land Use Element. No Town Center shall be less than 5 acres in size. All TCM'Il Cenlers shan be contiguous and directiy accessible from an arterial 01 urban conectlX roadway. The core of the center should contain business, employment, dvic, andJOI hlgh- 01 moderatlHlenslly residential uses, vdth a variety cí moderallHlensity housing types within walking distance from the centers. Both large and sman businesses are encouraged in the center, bullhe Town Center shan contain numerous moderate and smaller sized businesses which serve, and draw from, the nearby community. Design of developments and roadways within the centers will emphasize pedestrian activity, safety and comfort over the rapid and convenient movement of molor vehldes. Transh and pedestrian mobility will be Increased and area-vdde traffic will be reduced In several ways: proximity of housing and retail uses will allow resldenls to walk or bike for some daily trips; provision of both jobs, personal services and retailing within walking distance of Iransit win encourage transll use for commuting; and conveniently located retail areas will accanmodate necessary shopping durlng the morning or evening commute or lunch hour. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 11 -1 ~ , The designation c:A an area as a Town Center Indicates that govemmenlal agencies encoorage and support such development. The Clly ...11 give special emphasis to providing a high level of pedeslr1an conveniences and public mass transit services to the Town Center. GIven the high degree c:A acœsslblilly as well as other urban services, the provisions 0/ this section encourage the Inlenslficallon of development over time. ~ ! Bocause some Town Centers are proposed 10 evolve from existing non-residential areas, the proportion of land given to resldenllal uses will vary over time. However, any area deslgnaled as a To.vn Cenler should have the capabllily of being developed or redeveloped wilh an uilimate resldenllal population of no less than approximately 1,000 persons, and a COOlblned denslly c:A 13 dwelling unlls and 50,000 square feel of non- resldenllal use per acre. WIthin Town Cenlers, a maximum floor area ralio of 2.0 and a maximum resldenlial density c:A 25 dwelling unlls per gross aae shall be allowed. Parks and Recreation The Land Use Plan map specifically Illustrates parks and recrealion areas of particular significance. The general location of fulure proposed parks, are renected on Ihe Future land Use Map as dashed line areas, Ihese are Intended 10 only be generalized localions. As such, Ihese park faeililies should nol be assumed 10 be located upon any specific property, until such time as the City Commission specifically deslgnales a park site. Also lIIuslraled are geAf courses and other parks of significant COOlmunlty significance. Compatible parks are encooraged In all of the resldenllal categories and may be allowed In all other categooes of the lUP map. The siting and use of future parks and recrealion areas shall be guided by the Parks and Recreation, and Capital Improvement Elements, and by the goals, obecllves and pdieies of Ihe Plan. Both governmentally and privately owned lands are Induded In areas designated for Parks and Recreallon use. Most of the designated privately owned land either possesses outstanding environmental quaillies and unique potenllal for public recreallon, 01 Is a golf course Induded within a large-scale development. The long- term use of such goll courses Is limited by deed restriction. Certain COOlmerdai actlvilies that support the recrealtonaf uses and relate to the resources of the park, such as marine supply stores, fuel docks or tennis dubhouses may be considered for approval In the Parks and Recreation category. Other commercial racreallonal, enlertalnment or cultural uses may also be considered for approval In the Parks and Recreallon category If they are related to, and would Increase the quality, utility or enjoyment c:A the sile and Its nalural, hlslorical, and archaeological resources and facilities. Policy 1.3 Community facimies (Indudlng schools) and places of worship shall be allowed on property with a resldenllal or business and omce land use deslgnallon Ihrough the conditional use procedures found In the City's land development regulations, and shall also be encouraged wilhin Town Centers when such placemenl results In the ccr1ocation of schools wilh other educalional and cultural resources such as libraries, museum, conservatories, and auditooums. OBJECTIVE 2 The Future Land Use Plan Ihalf emphaelze concentrallon and Intenltncatlon of dlvelopment around cenlm of activity, development of welf dellgned communltl81 containing a variety of Ules, houllng typ81 and publfc lervlc8l, renewal and rehabllltaUon of blfghted arO8l. (9J-S.OO6 (3)(b)(2) Measure: Residential and non-resldentialland use densities wilhln Ihe City by LUP map category. Policy 2.1 In planning and designing all new development and redevelopment, the City shall vigorously promote Implementallon of the guidelines contained In the 'Urban Design Element". Policy 2,2 To promote housing diversity and 10 avdd creation of monolonolls developments, Aventura shall vigorously promole a variely of housing Iypes In residential communities and Town Cenlers through Its planning, zoning, subdivision, site planning and other regulatory activities. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 12 Policy 2.3 Business developments shall preferably be placed tn dusters or nodes in the vicinity of collector or greater roadway Intersections and not tn continuous strips or, y,¡th the excepllon of small neighborhood nodes, In isolated spots. Business developments shall be designed to anchor adjoining smaller businesses or the adjacent business district. Non- resldenllat zoning will not necessarily be warranted on a given property merely due 10 adjacent roadway construction or expansioo, or by Us localioo at Ihe intersection of two roadways. Policy 2." The Cily shall promote good urban design, water and energy conservallon and wildlife habllat when designing siles and selecting landscape material for all public projects. Policy 2.5 Public facility and service provided shall give priority to eliminating any Infrastructure deficiencies to facilitate rehabilitation or renewal of areas. Policy 2.6 In fonnutallng or amending development regulations, Aventura shall avoid creating disincentives 10 redevelopment. OBJECTIVE 3 Decisions regarding Ihe location, exlent and Intenelty of future land use In Aventura will be based upon suitable environmental conditions and the financial feasibility of providIng, by Ihe year 2005, services at levels 01 service (LOS) that meet or exceed Ihe minimum standards edopted In the Capital Improvements Element. [9J- SOO6(3)(b)1 Measure: Number of development aclions that exceeded adopted level cI service slandards, Pollcy3.! All development orders authorizing new, or significant expanstoo cA existing land uses, shall be contingent upon the provlsloo 01 services at or above the level of Service (LOS) standards spectfied In the Capllal Improvements Element (CIE) at the same time as the land uses are authorized. 9J-S.OO6(c)3 Policy 3,2 Aventura shall malnlaln and enhance, as necessary, Impact fee and comparable programs and procedures 10 require all development, regardless of size, to conlribute Us proportlooate share of capllal fadlldes, or funds or land thereof, necessary to accommodate Impact 01 the proposed devetopmenl or Incremenl of redevelopment over and above preexisting developmenl on a sIleo Aventura shall periodically review and updale fee schedules to ensure thai all public marginal costs are approprialely recognized, and that fee structures reflect pertinent geographic variability In facility usage. Policy 3,3 Municipal agendes shall continue and, where possible, Improve Iheir efforts to coordinate proJects to construct or repair Infrastructure such as roadways and utililies In order 10 minimize Ihe disruption and Inconvenience caused by such construction actMlles Policy 3,4 The COOlmunUy Developmenl Department shall coordinate and cenlTallze the compilation of monitoring Infonnation necessary to make delermlnalions regarding exlsdng and projected Levels 01 Services and to prepare Evaluation and Appraisal Reports for submittal to the State land ptanning agency, as required by Chapter 163, F.S. and Rule 9J-S, FA C. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 13 I i -< OBJECTIVE 4 Upon the adoption of the Plan, the location, dllign and management practicII of development and redevelopment ehall eneure the protection 01 natural resourclI Ind systems by recognizing, and senlltlvely rllpondlng to thell constrelnts Including hlltoricalresourclI. [9J.S.006(3)(b)4 Measure: Acres 01 envlroomentally sensitive lands preserved within the CII)'. -; ! Policy 4.1 Development orders In Avenlura shall be consistent ..th the goals, objectives and policies cootalned In the Coos8/Vatlon and Coastal Management Elements of this Plan, and with all applicable envlroomental regulatioos, as wal as all other Elements of Ihe Plan. OBJECTIVE 5 Avenlura shall, by the year 200S, reduce the number of land uses Inconsistent with thl USII dllignated on the LUP map or with the character 01 the surrounding community, [9J,S.006(3)(b)3] -< Measure: Acreage of Inconsistent or InCOOlpatible properties by LUP map category. Policy 5. I When evaluating compatibility among proximate land uses, the City shall consider such factors as: noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, paI1<lng, heights, bulk, scale of archllectural elements, landscaping, hours 01 operation, buffering, and safety, as applicable. Policy 5.2 Through Implementatloo of the land development regulations, residential neighborhoods shall be protected from Intrusion by uses that would disrupt or degrade the health, safety, tranquility, character, and overall wafa,e of the neighborhood. [9J-5.006(3)(c)2] Policy 5.3 Supportive but potentially InCOOlpatible uses shall be penn1\led on slle ..thln functiooal neighborhoods, COOlmunlties or districts only were proper slle design can and ..11 be used to Integrate the COOlpatible and complementary elements and buffer any potentially Incompatible elements. Policy 5.4 Through Its planning, regulalory, capllal Improvements and Intergovemmental coordination activities, Aventura shall ensure thai suitable land 15 provided for placement 01 utiliI)' lacllitles necessary 10 support proposed development. Necessary uti my facilities may be located In all land use categories. (gJ-S.OO6(3)(b)9 OBJECTIVE 6 Upon the adoption 01 the Aventura Plan, all lubsequent public Ind prlvlte activities regarding the use, devefopment and redevelopment of land Ind the provision 01 urban IIrvlces and InlrlStructure Ihall be conslltent with the goal, obJectIves and pollcl.. 01 this Element, with recognized Population Estlmatll and ProJections, and with luture USII dllignaled on the adopted Future Land Use Plan (FLUP) map, Ind as balanced with the Goals, Ob]ectivII Ind PolIcies of alt Element. of the Comprehensive Plan. Measure: Number 01 development actions that are Incons/slent ..th Ihe Goals. Objectives and Polices of the adopted Avenlura Comprehensive Plan. Policy 6.1 All developmenl orders authorizing a new land use or development, or redevelopment, or significant expansion 01 an existing use shall be contingent upon an affinnatlve finding that the development or use The City of Aventura Comprehensive Plan Adopted December, 1998 "The Clly of Excellence" PeDe 14 conforms 10, and Is consislent v.ilh Ihe goals, objectives and polides of the Plan Induding the Land Use Plan Map. OBJECTIVE 7 The City of Avenlura Ihall protect, prellrve, enlure the proper managemen~ and promole public awarene.. of hlltorlcal, archItectural and archaeologlcally Ilgnlficant .Uel. Measure: Acres of Identified historical. archUeciural and archaeofoglcally significant sites preserved by LUP map category. Potlcy 7,1 The City shall unde~ake effo~s 10 locate sites v.i!h confirmed hlsloric, architectural and archaeological significance and shall take timely and appropriate measures to preserve idenlified slles, OBJECTIVE 8 The City of Aventura Community Development Departmentlhall maintain e proce.. for periodic amendment to the land Use Plan map, conilitent with the adopted Goall, Objectives and Policies of thll Plan. Measure: Number 01 oppo~unlties 10 amend Ihe Avenlura Canprehenslve Plan. Policy 8.] The Cily Commission, upon recommendalion of the Qly Manager, shall establish oppo~unilies for the consideration of amendments to Ihe Avenlura Comprehensive Ptan. The Clly Commission shall not establish more Ihan the Slate Imposed maximum number of oppo~unUles, currenlly two oppo~unlties per year. Small scale amendments or emergency amendments shall be exempt from this limilation, as provided for In Stale law. Policy 8,2 Applications to amend Ihe Cily's Future land Use Plan map shall be evalualed 10 consider consistency v.ith the Goals, Objectives and Policies of all Elements, other timely Issues, and In partlcutar the extent to which the proposal, II approved, would: 1. Salisfy a defidency In the Plan map to accommodale projected population or economic grov.th of Ihe CUy; 2. Enhance or Impede provision of services at ad~ed LOS Siandards; 3. Be compatible v.ith abutting and nearby land uses and protectlhe character of eslabllshed nelghbortlOods; and 4. Enhance or degrade environmental or hlslcx1caf resources, features or systems eX significance. Policy 8,] The Cily shall strive to accommodate residential developmenlln sullable locallons and densilies which renecl such factors as reeent trends In localloo and design of residential unlls; projected availability of service and Infrastructure capadty; proximity and accessibility 10 em~oymenl, commerdal and cullural cenlers; character of existing aqacenl or surrounding neighborhoods; avoidance of nalural resource degradalion; maintenance of quality of fife and creallon of amenities. OBJECTIVE 9 Avenlura Ihall continue to maintain, update and enhance the municipal code, administrative regulations and procedurn, to ensure that future land use and devslopmant Is consistent with the Plan, and to promote better planned development and communities wIth well delfgned buildings. [9J-5.006(3(b)10) The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 15 Measure: Number of CIty sponsored amendments to the Land Development Code. Policy 9.1 Aventura shall continue to maintain, and enhance as necessary, regulations consistent with Ihe Plan which govem the use and development of land and which, as a minimum, reguiate 19J-5006(3I(c)1 1. Land use consistent with the Land Use Element and Level of Service Standards; 2. Subdivision of land; 3. Areas subject to seasonal or penodlc flooding: 4 StOl1T1water management; 5, Protection of environmentally s8l1sitlve lands; 6. Signage: and 7. On-slle traffic nON and parking to ensure safety and convenience and that no avoidable off-slle traffic flow Impediments are caused by development. Policy 9.2 Avenlura shall continue 10 Investigate, maintain and enhance methods, standards and regulatOl'( approaches thai facilitate sound, canpatlble mixing of uses In projects and communities 19J-5.006(3)(b)3 Policy 9.3 The City wilhln one (1) year of adoption of this Plan shall enact land development regulations thatlndude provisions fo~ [9J-5.006(3)(c)4 1. Open space In the fOl1T1 of squares, plazas, or green areas In residential and commercial zoning categor1es; 2. Diversity of uses In or adjacent to residential dlstncts, Including neighborhood designs that have a mixture of retail, residential, office, Institutional and service business uses In close proximity; 3. Diversity of housing and construction types; 4. Parking requlremenls for all zoning distncts to allow and retain on- slreet parking where appropriate. 5. A hierarchy of street types and designs, rangln9 from pedestrian and bike paths to boulevards that serve both neighborhood and area- wide vehicular and pedestrian trips. OBJECTIVE 10 Energy efficient development shait be accomptlshed through land use patterns, site planning, landscaping, buitdlng dlltgn and development of multl.modal transportation systems, Measure: No feasible measure extsts, Surrogate measure: Residential and non-resldentlal land use densities within the CIty by LUP map calegOl)'. Policy 10, t Aventura shall facilitate redevelopment of substandard O! underdeveloped areas, high Intensity activity centers, mass transil supportive development and mixed use projects to promole energy conservation. OBJECTIVE II Upon the adoption oJ the Plan, the location, dllign and management practlcel oJ development and redevelopment Ihall ensure the protection 01 natural relourCII Ind IYlteml by recognizing, and sensitively rllpondlng to canlulln" posed by 1011 The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Plge 18 conditions, topography, water table level, vegetaUon type, wildlife hablta~ and hurricane and other nood hazards. Measure' Acres 01 environmentally sensitive land by LUP map category; acres of developed land not serviced by sanilary sewer system by LUP map category; acrEKiays of land nooded by LUP map category. Policy II. I Development orders In Aventllra shall be consislent v.ith the goals, objectives and pdlcles contained In the Conservation and Coaslal Management Elements of Ihls Plan, and with all applicable environmenlal regulations, as well as all other elements of the Plan. Policy 11.2 All significant natural resources and systems shalt be protected from Incompatible land use Including Inland wetlands and lorested portions of Environmentally Sensitive Siles as identified in the Conservation Element, as may be amended from .time to time. OBJECTIVE 12 The Clly of Aventura ehall coordinate Its coastal planning area population denslUes wllh the Soulh Florida Regional Planning Counctl and the Mlaml.Dade County office of emergency management. Policy 12.1 All proposed Comprehensive Plan amendments that Increase density (population) shall be required to submit, at the time of apptication, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended Irom time 10 time, Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases densily (population) and results In evacuation times exceeding 12 hours. OBJECTIVE 13 To address tha currant schoolsltlng naeds and to coordinate with other governmental enUUes to dlecuss projected student membership and aIle size deficiencies. Policy 13,1 By December 31 1999 Ihe City shall coordinate v.ith Miami-Dade County Public School Board, Miami-Dade County, other municipalities of Northeast Mia1ll-Dade County and the South Florida Regional Planning Council In order to develop alternative solutions to the projected pubtic school siling needs Induded In the data and analysis. These altemative solutions should Indude utitization of existing vacant sites, vacant office space, and addition of 2'" stories to existing schads, as well as other allemative solutions. A VENTURA COMPREH ENSIVE PLAN MONITORING PROGRAM In order to enable the preparation of the periodic Evaluation and Appraisal Report (EAR) required by Section 163.3191, Rorida Slatules (F.S.), Ihe Minimum Crtlerla Rule (Rule 9J-5. Florida Administrative Code [FA C.) requires thaI local comprehensive plans' contain adopled procedures for monitoring and evaluating the Plan and lis Implementation (Sections 9J-5.005(1)(c)(5), and 9J-5.005(7), FAC.). This section outilnes the substantive components of Avenlura's monlloring program pertinent to Ihe oblectives, poIldes and parameters referenced In the Aventura Comprehensive Plan. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 17 The administrative requirements fOf monitoring and preparation 01 the EAR that are outlined In Section 9J-5.005(7), F AC. are diSCllssed In Ihe fdlcming section. AIllmportanl part 01 the implementation 01 the Aventura Comprehensive Plan will be the programs [Of monllorlng of progress and evaluation of accomplishments. These programs are sat forlh In the Elements rI. the Plan. Each obectJve In the Plan Is foltowed by a measure that wll be utilized In order to evaluate the effectiveness of the Clly's progress towards accomplishing the stated objective. The monlloring program will oonslst of periodic reviews of the stated measurable objectives. The Intervals for these reviews and the assignment of responsibility are described below. Intervals The periodic review of measurable objectives wit occur prior to, and In anticipation of, the nexl regulariy scheduled Evaluation and Appraisal Report. land Use Monitoring And Evaluation And AppraIsal Reporting Procedures In order to enable the preparation of the periodic Evaluation and Appraisal Report (EAR) required by Section 163.3191, Florida Statutes (F.S.), the Minimum Criteria Rule (Rule 9J- 5. Florida Administrative Code ¡FAC,) requires that local comprehensive plans contain adopled procedures for monitoring and evaluating the Plan and lis Implementation (Sections 9J-5,OO5(1)(c)(3), and 9J-5.005(7), FAC.). Additional requirements Include the successful Implementation of level of service standards, requirements that service be available at the time of development, and require the maintenance of monitoring and reporting programs. The administrative requirements for monitoring and preparation of EAR as outlined In Section 9J-5.005(7), FAC., are Included In this section of the Plan. In ordBf to avdd redundancy they are not repeated In other Plan elements. However, each Plan element contains a presentation 01 the monitoring requirements tor each spedfic objective In that element. This section also outlines the substantive COOlponents of Aventura's monitoring program'pertinent to the objectives, policies and parameters referenced In the Future land Use Element. This program wilt be refined over the reporllng period, as more expatience Is gained. EAR Contents and Formulation Procedure Aventura EAR reports will contain an assessment and evaluation ot successes and failures In accomplishing the adopted Objecllves of Ihe Plan as measured against the measures listed In the monlloring programs contained In each of the Plan elements. The EAR shall report findings specific to each element based on the measures and wilt address: A description of the public participation process used In preparing the report; Updating appropriate baseline data and measurable objectives aooomplished since adopllon of the Plan: 1, Accomplishments during Ihe reporting period, describing the degree to wf1ich the goals, objectives and policies have been successfully reached; 2. Obstacles or problems which resulted underachievement of goal, objectives, Of policies: In 3. New or modified and reformulated goals, objectives, Of policies needed 10 correct discovered problems; 4. The extent to which unanticlpaled and untOfeseen problems and opportunities OCCUlTed between the dale 01 adoption and the date of the EAR; 5. The effect on the Plan of changes to: Chapter 187, F.S, the state COOlprehensive plan, Chapter 163, PI. 11, F.S; the minimum crileria contained In ChaptBf 9J-5, FAC.; and Ihe South Florida Regional Policy Plan; The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page18 6. The m¡jor problems of development, physical deterioration, and the location of land uses and the social and economic effects of such uses; 7. The identification 01 any actions that are taken or needed to be taken to address the planning issues identified In the EAR; B. Proposed or anticipated plan amendments necessary. to address or Implement the Identified changes. 9. Other requirements d Rorlda oomprehenslve planning law. 10. The EAR 1'.111 also cootain a schedule for the adoption 01 any proposed amendments I'.1thln one year after the EAR IIself Is adopted. The activities related to preparation 01 the EAR 1'.111 commence approximately one (1) year prior 10 Ihe date established for adoption of the EAR. The follol'.1ng activilles are anllclpated: Community Development Departmenl 1'.111 COI11pile Infonnation regarding measured and monitored objectives and policies. A draft report 1'.111 be circulated to city departmenls and any Independent service providers for oomment and recommendallon. A revised draft EAR will be distributed to the public. Advertised public wor1<shop(s) will be conducted to solicit and obtain public Inpul and recommendations. The proposed EAR I'.1n be Iransmitted 10 the City Manager, Local Planning Agency, and City Commission. The Clly Commission 1'.111 take timely ection 10 adopt the EAR I'.1th or without changes, or to rejecllt as prescribed by applicable regulations. EAR based amendmenls will be Iniliated by Ihe Community Development Deparlmenl during the Plan amendment filing period which occurs concurrent with or immediately lollcming the adoption of the EAR. The EAR will be transmitted to the Flooda Department of Community Affairs when the related Plan amendments are transmitted to the State for Hs review of the amendments. Aventura's procedures for locally evaluaHng and adopting Plan amendments, EAR based and oiheMise, will Include public notice through newspaper advertisement; courtesy (not required) mailed notice to owners 01 property within an area subject to a privately filed application to amend the land use designation on the Land Use Plan Map and owners of property adjacent 10 such an area; dissemlnallon of reports describing proposed amendments; opportunlUes for public Wlillen and oral comment and cooslderation 01 oommenls; and duly nollcad public hearings. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 19 , 0 "'N <.J c:: .. .. '" - .. -;a. <.J " IJJ ... 0 ::..,- u II> .c:: I- C lIS a. Co .. :r CD > .. c: CD J;; II> ~ - .. Co E 0 u: lIS'" ~... ::I - -~ c: .. CD.Q >E C(.. -" o~ ,., -'" -'" u- Co CD 0 J;;", 1-< Q .. ::J 't: c:: .. -' .. c: >< LI.I Co .. :r : ... ~.... u t:: .. ~ C> _co -a. ~ u '" UJ ... 0 ,.., u ., .:: I- C. to I: Q '" ::¡ c: OI Q. Q ... ::J ... ::J ... ~ Q - Co 0 ~ -< ., > III c: ., J:. 0> ... ~ c: to -' c. E 0 u: Ole» ...... ::J - - ~ '" '" Q Co- to ... I:~ c: .. 0>.0 >E <.. _u o~ ,., _"C -.. U'" Co ., 0 J:."C 1-< 0. 0 ... ,... E ~ MIAMI-DADE COUNTY - m ~ 1 t " ~ ; . - .-', ,...,- o. - .~'--- . -,;:.;~,>.~ ¡."", .. \~¡f~':'~¿~:'" Map 1-1: City of Aventura Existing Land Use (1996) CITY OF AVENTURA LAND USE CATEGORIES D i~~~'.:';;ffy c;g R - C~m~cIal ŒÆJ In'u,tdot - Comm""lty Foo"".. - D - Voo,"' L'"' DUn'" Co,,'rudloo ~wot.c ",ltl-ramlly ",d~m O",lty ...ld"lI,1 ",ltl-lomlly HI,h D,",lty R"""lIol R,~"lIoo 00' Op," Spoo' U'",lI.. '"' RI,ht-ol-Woy AOOITlONAL ADJACENT LAND USE CATEGORIES DE,'o',D",lty D'o-""IIy'o""ollol ŒJ ~ &"Sl ~"""U" 'ow Mod"m Doooity ...",,1101 III,h,,",lty ,..",,110' ~. . SCALE IN FEET ~ 0 1000 2500 5000 Preparation of this document was aided through financial assistance received frorn the State of Florida under the Locat Government Comprehensive Planning Assistance Prograrn, authorized by Chapter 87-98, Law of Florida, and administered by the Department of Comrnunity Affairs Mop 1-7 Future land Use Map With Adjacent land Uses & Pa~s & Open Space City of Aventura Comprehensive BROWARD COUNTY MIAMI-DADE COUNTY ADDITIONAL ADJACENT LAND USE CATEGORIES D Estat. Oen8tty D k"':.id~O::Y D ~~m Denelty D ~=u~lgh D..elty r-1 High Den."y 1 L-J R..id.."", D Pa'" and CITY ~ ~::'k>n UMIT ed Ives Dalr ~~:::. ""'R';;;;;j LAND USE CATEGORIES D ~~~:t~nelty ~ ~:I~:ii~lgh Den.tiy - Parka and "_tlon ~ Bu.ln... and Offtco Q3 Indu.trlal and Offtco - Ta... Cent.. D Wat.. fCE1F Prap"" Community L\d:J Facilt'* @ ~*' Miami Gar CF @) * """""'zed Lacatton ,I :,1 NORTH MIAMI BEACH : '1'- . " l"'-.:NI ;'1i.'...'\Hot~"""""_dm~ta '0 "'" ~.wPt~ h"'" ,. 1.--"""""'011""a"""""-- , BmIotLJ!oIo 0DIInø:tI;tU¡¡ I 8/9/00 2000-ro/ .. / 05 / 06 / 10 11/9/01 2001-10 ~ 1/8/D2 2002-01 3/5/D2 2004-04 ' ~ SCF,LE Ii< FE. SCF,LE Ii< FEET ~ 0 'GOO 2000 "'X Ivey, Harris 8: Wo!:s, Inc. Plan - 1998 1m: "pc-"'"---'- _cO--- ': Adooted De<:mtber 1m r DODDII~rl§] f- W W "- ;; D) "D " W c ~Æ ~ V"D W.> C U ¡¡; ~ H.¡g ~H ~3~ g ë.':: ~ 0 ID - ¡¡¡ ~E"'", .cO"'"" g> ~ ~.~ 020"0 g £;':" E E "' ~Hð ~ w.ð"õ .:::" - ~ " w 0 ë.g~~ ID 0 0 t oE"£;. ð ~ g~ ~-ð /.~'<;¡'$ "D .Q E w ;;í .--."'. \ ~ 00 "- . .c / ~ ,.",.'" .. h . on, ~ <.;) E ~ "-~ '~1I1I ~ 15 ~ e È "'*"" ¡¡¡ c ro Cl. -0 ':::, 9èii~~ ./O "ê 1! ~ ~ \ ~,.{¡> 11 Ë ~¡; '. / CJ Æ g k ~ "'!_-_/ :çc~ J.~ :: ~ ~ ] Æ 1 M h !dn~ ~ Æ .:J°~"'~,~.¡;..~" L5nHÆf£H Æ ~ ~ffi~ ¡:¡ ~ -§, ~ -g -g . ~~ËH-g 0 0 "EOE¡¡O~:23 ~ ~~~:¡¡ -i! ~ -; (') U;jiU Æ ~ ! w t>!g Ë~ o...J * " :; ~ 'g ",t v; õ." 0 ~~ ~ '" 0 ~ ",:0 -< c 0 ~ :5 c 0 ~ ¡;* g-. 2þ bë 0.,"" ~ð ~~ r-, ; 101 r-, : /ÜJ\ !::J i :LL: /~\ LL @ , 'i "u"u-,o U- '-' j ~j "-~ 'j Þ 'ë E Æ ~ " ~ ~ ¿' 8 ~ ~ g'þ g' ~ ~:¡¡ ~ c': ~~ ~ c 0 ] '" . N 1 <3 * w ~ 0 (f1 . £ DI~~[~I '~::~"':'::~:::;~~=,:,.",,;.. ~- ~,;;""",;?<~""" ""<"'-i""',~" - .' ., ' - 'W'O "THO 66/"/:0 &'Pl,,'ow\,&"!,,'o."\!O~"OO\rD"d\.j « '.; BRDWARD COUNTY MIAMI-DADE I COUNTY I t-- 3,5" MILES TO : NI:ARI:ST WELL PROTECTION AREII ,," CITY LIMIT ! ! ' '" . ,.. G if tj' , ~ f ! ~ "- Mop 1-8: City of A.ènturo Existing Floodplain s With Potable Water Facilities & Wellhead Protections Areas SPECIAL FLOOD HAZARD AREAS INUNDATED BY lOa-YEAR FLOOD n ~:~ ~ooo El£\"~D'¡S L::.CJ DE1[R"'NEO OTHER FLOOD AREAS ~ ZONE X "RAiNAGE- AREAS 1£55 lHAN 1 SQUARE MILE, AND MEAS ,.D'!!:Om> BY l£VfES FR"" 1[)O- IT"" FLOOO ~ Water ~-, L , SCALE IN FEET ~ 0 1000 2500 5000 Pre para lion of this document was aided through financial assislanee received lrom the State of Florida under Ihe Local Government Cornprehensive Planning Assislance Program, aulhorized by Chapter 87-98, Law of Florida, and administered by the Department of Camrnunily Affairs ~ '" '" 8ROWARD COUNTY MIAMI-DADE COUNTY " " N ~ ,~ ~, 0 < ) , ! ! . ( i Map Soils With 1-9: City of A ~n tura & Minerals Existing Wetlands GENERALIZEO SOIL TYPE ~ SANDS MINERAL RESOURCES r:::l MIAMI ~ LIMESTONE ~ MANGROVE ""TLANDS ~ MANGROVE HAMMOCK ~ WATER +-. ~ SCALE IN F~ET ~ 0 1000 25DO 5000 Preparation of this docurnent was aided through financial assislance received from the State of Florida under the Local Governrnenl Comprehensive Planning Assistance p,ogram, authorized hy Chapter 87-98, Law of Fiorida, and adrninistered by the Departrnent of Comrnunity Affairs. : N "'N <.> t: .. '" '" - .. "Qj"- <.> " UJ ... 0 :... u '" -t: I- t: .. 11. '" r:: 0 G) > '" C G) .c G) ... Co E 0 u: ..en ...... -" r:: '" .Q .::: OJ >. OJ CO '" C. " - - ~ r:: .. G)JJ > E oct .. _u 0; ,., -'" -.. u- c. G) 0 .c", 1-< r:: OJ - r:: .c I- -_nT-Tn_- . ------ -r---___..._n__- TRANSPORTATION ELEMENT TRANSPORTATION GOAL To provide a safe and efficient multimodal transportation system appropriate to serve the needs of the city; to promote the use of alternative transportation methods encouraging scaled pedestrian and bicycle facilities, public transit, adequate parking facilities, paratransit, and other modes of transportation; to coordinate the transportation system with the land use plan, and other appropriate agencies; and to protect rights-of-way. [9J- 5.019(4)(a)1 OBJECTIVE 1 Provide the frameworX for a nfl, convenlen~ and energy efficient multi-modal transportation system through Implementation of the programs outlined In this elemen~ and the concurrancy and accen management eystems contained In the Clty'lland development regulations. (9J-5.019(4)(b)1] Measure: Malnlenance of adopled Level of Sel'llce Standards. Policy 1.1 As per 9J-5.005(8)U), the Cay of Avenlura adopts the level ci sel'llce slandard as descrlbed In the MI¡vnI-Dade County Comprehensive Developmenl Plan, Traffic ClrculaUon Subelement1997, Objective 1 Policy 18, as II relates 10 Urban Infill Areas (UIA) 19J-5.019(4)(c)1, and more particularly descrlbed as follows: The minimum acceptable peak-¡>erlod LOS for all Stale roads and on all City roads shall be Ihe follo~ng: (a) Where no public mass Iran sit sel'llce exists; roadways shall opera Ie at or above LOS E; (b) Where mass transll sel'llce having headways of 20 minutes or less Is provided within Yo mile distance, roadways shall operate at no greater than 120 percent of theIr capacity; (e) Where extraordinary Iranslt sel'llce such as commuter rail or express bus sel'llce exlsls parallel roadways wilhln Y, mile shall operate al no greater than 150 percenl of their capacity. Policy 1.2 The Clly of Aventura accepts Miami-Dade County's mass Iransil level of sel'llce as stated In their 1997 CDMP Capitaltmprovements Element and the Mass Transll Subelement of the Traffic Circulation Elemenl v.I1lch follow: 1) The average combined population and employment density along the corridor between Ihe exisUng banslt network and the area of expansion exceeds 4,000 per square mile, and the oorTidor Is 0.5 miles on either side of any necessary new routes or roule extensions to the area of expansion; 2) II Is estimated that there Is sufficient demand to warrant sel'llce; 3) The sel'llce Is economically feasible; and 4) The expansion ci bansll service Inlo new areas Is n.x provided at a detriment to existIng or planned sel'llces In higher density areas with grealer need Policy 1.3 In conformity v.ith the established MI¡mI-Dade County TransportaUon Excepllon Area, that area tocated v.ithln the boundarles of the CIty of Aventura The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 23 Is deslgnaled as a Transportation Concurrency Exception Area as spOOfied in Section 9J-5(6), Florida Slatutes- The geographic location and extent of Ihe Clly's Transportation Concurrency Exception Area shall be maintained on the 'Future Function Classification and Number 01 lanes' map. Policy 1.4 Policy 1.4 The Cily shall require an access management review by the Florida Department of Transportation for all new develo¡xnents localed along Slate highways, and shall no! approve any development order requiring access to Stale highway unless such access is permilled by the Department of Transportation- Policy 1.5 The Cily will develop transportation management strategies, such as but notllmlled to, traffic calming techniques and Iraditlonal neighborhood design concepts, to improve effidency, and enhance the salety of Ihe pedestrian, bicycles. and Iransll riders v.ilhin the conlexl of an Inlegraled muill-modallransportation syslem- [9J-5-019(4)(c)7) Policy 1.6 Annual Iransll trips per caplla v.ill be utilized to determine Ihe achievement of the mobility goals oflhe CIlY-19J-5019(4)(c)10) OBJECTIVE 2 Aa part of the Internal conalatency requirement of the ComprehensIve Plan etementa, the transportation ayatem outlIned In this element will be coordinated with the Fulure Land Ute Map or map aeries to ensure that the transportation modes ar. consistent with the land uses In the area by tho Plan's adoption. [9J- 5019(4)(b)2 Measure: Number of capllallmprovements that encourage and support a multi-modal transportalion system- Policy 2.1 Parking strategies v.ill be developed that encourage a mullJ-modal transportation system indudlng scaled pedestrian and blcyde facilities, public transll, paratransll, and other modes oIlransportation- [9J-5-019(4)(c)3 Policy 2.2 Through Implementation of the Future Land Use Plan and Land Development Regulations. the use 01 blcydes and pedestrian activities v.iH be promoted and encouraged with particular emphasis given to the Town Center. 19J- 5019(4)(c)5 Policy 2.3 Through the Implementation 01 the multl-modal transportallon strategies, demand management programs will be established to modify peak hour travel demands, and reduce the number of vehlde miles traveled- (9J-5_019(4)(c)6 Policy 2." Public transportation v.ill be encouraged through Implementation 01 local transll service and lis InCOlpOTation In to the Town Center, as Identified on the Future land Use Plan Map. [9J-5_019(4)(c)12 Policy 2.5 Through Implemenlation 01 linking local streets to provide residents v.ith Intemal alternative routes, local trallic will be encouraged to use altematlve roules developed to protect Ihe Interregional and Intrastate functions 01 the Florida Intrastate Highway System- [9J-5_019(4)13) The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 24 1 OBJECTIVE J "e part 01 the Implementation 01 the programe outlined In this element coordlnltlon of the traneportatlon eyetem with the Miami-Dade Metropolitan Planning Organization, Florida Traneportatlon Plan, snd the Florida Department of Trlneportatlon Adopted Work Program will be evaluated annually as part 01 the Innual update 01 the concurrency management system, (9J-5.019(4)(b)31 Measure: Annual review cA Mlanl-Dade Metropoilian Planning Organization and FOOT adopled 5-year woO< Jfogram. Number 01 capital Improvements thai support the development and enhancement of Intermadaltermlnals. Pollcy3.! Throogh the annual evaluallon of the plans and programs cA the other applicable agendes applicable roadway and transll service Improvements for future multi-madal needs will be Identified and addressed. (9J-5,019(4)(c)B) Policy 3.2 Upon adoption cA this element, and the Intergovemmental Coordination Element, transportation coordination related mechanisms, approprIate agreements, and slrategles >'.111 be developed to Implement the area >'.1de transportation, land use, paI1<lng, and other provisions of the multi-modal plan. (9J-5.019(4)(c)11 Policy J.3 Through Implementation of this element and required agency coordination mechanisms, approprIate strategies v.ill be developed to address Improvements to the Aventura Mall transit terminal and develo¡xnent of a Tf1M1 Center Intermadal terminal, as well as access to avlalion, rail and seaport facilities, [9J-5.019(4)(c)14] OBJECTIVE 4 Through coordlnetlon 01 the Clty'e multi-modal transportation plan with the Ippltceble pubtlc transit urvlce and the Miami-Dade Metropolitan Planning Organization, efficient publtc transit urvlce will be determined by the ridershlp,(9J-5.019(4)(b)4] Measure: By 2005, Increase public transit rIdership by 10%, Policy 4.1 Wllhln one year of adoption of the Comprehensive Plan, the City shall Implement a local public transll system. (9J-5.019(4)(c)9) Policy 4.2 The Clly's local transit system shall operate exdusively v.ithln the Transportalion Concurrency Exceplion Area (TCEA). Policy 4.3 Transit service shall be linked to major trip allraders and generators, and the transportalion disadvantaged. Transit service shall be located such that they are safe and convenient to Iransit usets. Policy 4.4 Transit service will be located in areas wilich the future land use map v.ill support transit service, such as town center, transll terminals, commercial areas and higher denslly residential areas. Policy 4.5 Wllhln exclusive public transit corridors main entrances of business shall be oriented to transit stops. Policy 4.6 Sidewalks shall link residential development to transit stops and sheHers. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 25 Policy '1.7 Transil shellers, according to the City's approved design, shall be provided at the lime of developnenl by the property owner. OBJECTIVE 5 Through Implementation of the Future land Use Plan describing land use densltlee and Inteneltles, exletlng and future rlghts.of.way, such as the eastern extension of Miami Gardens Drive and the realignment of HE 29" Avenue, will be prolected from building encroachment (9J-5.019(4)(b)5) Measure: Projection of Miami Gardens Drive easterly extension and Ihe realignment of NE 29. Avenue righls-of-way from building encroachment PolIcy 5. I In coordination with lI1e Miami-Dade Metropolitan Planning Organization, and the Florida Department of Transportation righls-of-way acquislHon timetables and prolection mechanisms will be established for the easterly extension 01 Miami Gardens Drive and the realignment of NE 29. Avenue. (9J-5.019(4)(c)4 The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 28 =..::; u c: .. '" C> - II -CL '" u '" LIJ ... C ::., u '" ..c: I- 0. .. I: c 0 c CO Q. ... .. ... ... 0 0. .. C .. ... I- G> > .. C G> .J:. G> ... 0 ... 0. E 0 u: CO'" ...- ~ - -... c QI G>-'> > E <t.. _u 0'; ,., -'0 -QI u- 0. '" 0 .J:.'O 1-< "C <II ... 0. 0 "C -< co N In N .. .. <II 0.- .. ... I:~ I BROWARD COUNTY MIAMI-DADE COUNTY ~ '" ê "' ~ ¡;¡ OJ E ~ ~ T' ' ¥j',s(,:'J..?f)X ': it, ".",.,.,...~t..,...,... ,~"......".'f3' . ';;';~.;le' 1:' '.".. ..\, , .;.,..' .' .."" .f.' ./.' .f'-'¡'.'..;'.'~~i\m..'." ;,'\ . '<;G;T':~Ji " ,-"), : i ../tJrl! . . .,. "'(.' .J ; g ~ " '" 5- f I ;. Source: MPO'S 1 996 Tronsportotion Improvement Progrom (TIP) Miomi-Dade Deportment of Planning, Development and Regulation, 1997, FOOT District Six Work Program Mop 2-5: City of Aventuro Future Functional Classificatior & Number of Lanes - 2015 LEGEND Fundlenol Clo"lficotion .... Stet. Pdndpel Art.dol - State Miner Artedel - Miner ^",dnl - Urtwn ColI.de" -Lecol U",en Collecte" xLD X Looe DI"d.d xL x Lon. Und;"ded Nete All ether local u",on collecte" ece e,,"med te be twe lone undl,lded roedwo}". Other Fociliti..: """LImited Ac,"" Fecility e Significant Pocking Fedllty A"nturo ¡, d..¡gnoted 0' ° Tcon'pertotion Concumncy Exoeption A"o, ~_., L SCALE IN F~ET ~ 0 1000 2500 5000 Preparalion of this document was aided through financial a"islance received from the Siale of Florida under the Local Governmenl Comprehensive Planning Assistance Program, authorized by Chapler 87-98, Law 0' Florida, and adrninistered by the Departmen' 0' Community Afta;" BROWARD COUNTY MJAMI-DAO£ COUNTY <r <r co w ~ I ~-,",....".".,......:",.; ."J'" . 'i;' "!, ; ".: ';:' ,', ,: ',' I ,> ' '; ;'.'1" , " ' " ;E i!' ; "" ' I ;i' ';;; ¡ _I.'.~: C"," ",' J{: ','!,!,::,"J: ,¡",' f:, i,'! ': ;,: '~.-L:.:¡-; . r ..' c; ... ! -j g ... ~ ~ " t ! , ' " . i: 3 g;. Source: Needs Network, 1996, Development PI:m, Map 2-6: City of Aventura Future Traffic Volumes and levels of Service - 201 5 LEGEND Peak Haur Level-at-Service; -LOS A -- LOS B -LOS C -LOS D tlllLos E _"D:>;aILOSE A"ntuco " ",pon"ble tor the m,¡ntenonce of all rood, :~~~~tJ~~e ;NI1IÎt~t~ t~ehmon C,u,"woy end BI,co"" BI,d, ~ -, . SCALE IN FEI. SCALE IN FEET ~ 0 10DO 2500 50DO Preparation of this document was aided through financial assislance received from the Siale of Florida under the Local Governrnenl Comprehensive Planning Assistance Pro9ram, authorized by Chapler 87-9B, Law of Florida, and administered by the Departrnent of Community Affairs ;;; ~ BROWARO COUNTY MIAMI-DADE COUNTY '" '" ~ " " 1 ~ / " Source. Ivtiomi-Oade County ¡,Ietropolilon IOkmning Organization Miomi-[lude County Office of Emergency MollCigement. 1995. Map 2- 7: City Future Hurricane Routes -2015 of Aventurc Evacu ation LEGEND - Evocuot;on Route --..- Oirectlonol Flow ~, ,SCALE IN F~ET ~ 0 1000 2500 5000 Preparalion of lhis document was aided through financlBl asslSlance received from the State of Florida under the Local Governrnent Comprehensive Planning Assistance Program, authorized by Chapler 87-98, Law 01 Flonda, and adrninistered by the Departrnent of Community Affairs ~ BROWARD COUNTY MIAMI-DADE COUNTY '" '" to I:' N - ~ ~ { ! i ;. Source: Miami-Dode Transit Agency, Route Maps, 1997. 1997 Miami-Dade Comprehensive Master Pian. Mop 2-8: City of Future Multi-Modal T ran sportotion Aventuro LEGEND Exi,ling 8roword Counly Mo.. Transit Route -9 Other Exi,ting Multi-Modal 0 Marinos """"""'" ~~cr.:~,,~~d Ways - FEC Railroad <) Heliport Existing Miami-Dade County Melro 8us Raul." -.-.- 3 ~~~9 ------ E ~"~S -~,- v "-'.'." 81,co)". Max " Major Tronsf" Point * À'tlrro~~~~;ators and ~. . SCALE IN FEET ~ 0 1000 2500 5000 Preparation of this document was aided through ~nancial assislance received from the State ot Florida unde, the Local Government ComprehenSIve Plannin9 Assistance Program. authorized by Chapler e7 .98, Law of Florida, and adrninistered by the Department of Comrnunity Affairs , f ~ - ¡ I "~""" . ,'¡' ì ad PARKS and RECREATioN ELEMENT PARKS AND RECREATION GOAL To provide and ensure a comprehensive system of public and private parks and recreation sites well planned and available to the public. OBJECTIVE t Through ImplementaUon of the adopted RecreaUon and Open Space Elemenl public accen to the Clty'l Identified recreation aUel will ba enaured. Measure: Public accass available to all recreational sites. Polley 1.1 The City win desIgnate existing City park property, any acquired park property, and any applOpnale nalural habitats for public use. Polley \.2 In coordination with the future land use plan, and the Conservallon and Coastal Management Element shore access will be maintained or Improved where possible; cunently there are no beaches \'<ithln the City limits. OBJECTIVE 2 Through Implemantatlon of the adopted Parks and Recreation and the Capllal Improvements Elements, and the concurrency management syslem the City wilt coordlnala the provision of publtc and private resourcBl to meet recreation demands within one year of Plan adoption. Measure: Continuation or park dedication requirements. Polley 2.\ At the time or this adoption of the Parks and Recreation Element there are no recreation faclllly deficiencies, however, through Implementation 01 the concunency management system the Qty will ensure thaI facilities are developed concurrently with the Impacts of new development. OBJECTIVE 3 Annualty, 81 part of tha Clty'a budge~ and capital Improvements planning the City will addren parks and recreation facility needs to ansure that they are adequately and efficiently provided. Measure: Number of annual Capital Improvements Programs that consider recreation and open space needs. Polley 3.1 Within one (1) year of Plan adoption, the City \'<ilt develop land development regulaUons to Include appropnate definitions for open space needs, and standards. OBJECTIVE 4 Through Implementation of the adopted Part<s end Recreation Elemen~ and the concurrency management aystem the City will ensure the provlalon of open epace by pubtlc agenclel, and private enterprise. Measure: Acres of open space, Policy 4,1 The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 28 >-1 a.~ 0 CO "'C -n lO- a.- '< Co ~- CO> 3 < c-CO IO :::I ~ - - c: ... .. "", :n 0 3 'C ., CO ~ CO :::I .. < eD ~¡? c." ~~ --i!:. -ê.~ CD ~ 3., !g <ñ ¡H. ~S!. ~~ 8 i~f " ~ §-ê ~j 3!'> ~~ '" ., ~~ !gQ. ~~ ~~ 0- m ~ ;¡. "tI .. :::I -I ::.- eD n ~ 0 .... IT1 .. n co "'D- ..- cceD II ::I n NeD '" . "" 0 n '< .. ¡¡; " c. " !!¡ -' 0 25 : 0 ".., ... t: .. .. '" -" -Co .. ... " LIJ ... 0 :.., u .. ~ ... c .. c.. '" c .. CD > .. c .. .=. CD ~ ..c III "" .. Co Co E 0 u: ns'" ~ ... ::I - - ~ c .. ...0 > E <C.. - u o~ >- -" -.. u- Co .. 0 .=." f-< ~ - III >- .. c 0 ~ C III ~ C .r;:; f- - . -_.._..n___,--_. .._...--_n "" ," ,,:, """""':': ,...-" ", :."" ' , : ' , !" '" ::. :-'" ,', .. ." .. " .. ", " " ," "-""""""'" """""'.""-""""""-",,""""'.' :::':""'!";:'~',:'?~1,f~~..::;T~,,~~;.,~:~,tt~,'~ ",,', ',' '" , :" ",.:-,:;,:,,-::,.," ,,\~' ,',', ....' " "'...,..",.",-",..""."....".."..~.,,,,_..._...._. :, :', '~" .....""" "".""""'."""""'."""""--""""""""" ,::,;~,..:::,.:: .:...J ::; ~ ,,~.L:;,,!,Ú.;:').~.LX ~j."u. .'" ,,' "",:",:""',.,I.^'.,"~4""'"":,,,:>,,,..4\o.""""""""""""':'.""'"" :';,:;,:,';',-:.~r.\~'~~¡<f:;:~ig ;:'L:"i;',;:'jX,,~;~~~:.:;¡;~:.V;:~:¡~f:' ~';,;;~, " "..'" , "'.', " ' " " , ". ",..",. .......,. .... . '", ',: .,' .~, : :, '. . ", , : , ! ; -; ~!<; L, ". "'" " . "", " "" , " ~ : , ' " " , . , '"."""" , " '" ", -""T" r-- HOUSING ELEMENT HOUSING GOAL To achieve a balanced and affordable range of housing stock; to encourage the diversification and distribution of the housing stock; to eliminate substandard structures; and to conserve a good quality housing stock. [9J-5.010(3)(a)] OBJECTIVE I Within one year 01 Plan adoptlon, provide the framework for a hauling program that encouragel the creation and pre..rvatlon of affordable hauling for all current and anticipated future Aventura relldenll.19J-5,OI0(3)(b)l] Measure: Number of programs developed that encourage or publldze affordable housing opportunitles. Policy 1.1 Through Im¡:jementation of the housing program, and the Intergovernmental Coordlnatlon Element Aventura will coordinate \'oith approprtate prtvate and non-profit agendas to Improve housing productlon.(9J-5.010(3(c)l Policy .2 Through the comprehensive ¡:jannlng process and Ihe development of the Land Development Regulations (LDRs) a streamlined permitting process \'oill be establshed; providing for eflident review \'oith minimal delays and costs. (9J-5.010(3)(c)2) Policy 1.3 The Clly of Aventura \'oill provide to Ihose residents and Individuals ern¡:joyed wllhln the Clly: 1. access to Inlormation pertaining to county \'oide programs to aide In Job training, 2. day-care facilities, 3. English language courses (ESOL) and high school equivalent (GED willch are currently provided by Ihe foflû'Mng agendes: Children and Families Miami-Dade Coomunity College Miami-Dade County Department of Human Services Miami-Dade Public Schools Policy 1.4 The City of Aventura shall actively parlldpate In the Ioint Florida Departmenl 01 Communlly Affairs/South Flortda Regional Planning Coundl .Reglooal Affordable Housing Strategy', Policy 1.5 Once the flnal recommendallons of the Joint Florida Departmenl of Communlly Affairs/South Florida Regional Planning Coundl 'Reglonal Affordable Housing Strategy' are Issued, the Clly shall Incorporate these recommendations Into a dlywlde affordable housing policy, to the maximum extenl consistent I'Ath exlsllng land use, design, urban sSIVlce, transportation, environmental and social conditions In the City, Including conslderatlon of appllC<Jbte go<is, objectives and policies, This policy v.;11 be Incorporated In the larm of an amendment to the adopted comprel1enslve plan. The a:neoÔ11eot "'II be The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" pege 31 Initialed within six months, Q( the ñrst available amendment cycle, foilowing completion of the 'Regional Anordable Housing Strategy'. OBJECTIVE 2 Through the comprehensive planning procell and the development 01 LORI a code enforcement IYltem to eliminate substandard housing, encouraging the rehabtlltatlon or Improvement 01 existIng housing, while accounting lor potentially historIcally significant housing will be establIshed In LOR's, (9J. S.010(3)(b)2, (9J-S01O(3)(b)S Measure: Adopllon of Land Development Regulations that establishes a code enforcement system that wiil aid In eliminating substandard housing. encourages the rehabililatlon of exisling housing, and Identifies potentially hlstoocally significant housing. Policy 2,1 Aventura does not contain any hlsloocally significant housing atlhls time, however, the City recognizes ils responsibility to ensure Ibalthe quality, stability, and mainlenance 01 the housing stack be addressed In the Olýs housing program, 19J.S.OIO(J)(c)J Policy 2.2 The fdlowing dassiñcations wiil be used to detelTßlne the condition 01 the housing stack. once the condition 01 a structure Is detelTßlned the appropriate conservatIon, rehabIlitatIon and demolition strategy v.òil be implemented. 19J-S.010(3)(c)4) 1. GoodIStandard: Strudure Is In good slate of repal~ well painted; eaves, soffits and guRen¡ are In a good stale cl repair; v.òndows, doors, and exlerior wails all In good condilion. Slighl delects can be repaired by the homeowner. 2. Minor RepairlDeler1oraled: Structufes needing pain~ minor repair to roof. soffils, eaves or gutters required; minor repair 10 doors, Voindows or exterior wails reqilired. These units have one (1) or more major defects which Indicate a prolonged lack of regular maintenance and cannot usuaily be repaired by the homeowner. However, the repairs are sliil economically feasible to complete and rehabilitate the structure to Ihe standard condition. J, Major RepairlDllapidated: Structures which appeared to need major repairs to roof, Voindows, doors, and ex1er1or walls. These units possess one (1) or more critical defects which prevent the safe and adequate shelter of Its occupants and providing no feasible altemative to demolition. OBJECTIVE 3 Due to the value 01 land, and the tlmlted undeveloped land available within Aventura Ills difficult to determine the level 01 affordable housing sites that will be accellibla, however, becau.. 01 the uniform value 01 the land any affordable units provided will be dlltrlbuled. There are no lites available lor mobile homes.19J.5.010(J)(b)3] Measure: Number cl affordable housing units. Policy 3.1 Through Implementation cl the housing program, and establishment of the LDRs, appropriate criteria allov.Ing diverse housing types will be developed, indudlng the provision cl servIces 10 support the housing slack through Ihe concurrency managemenl ordinance. Aventura Is an urban area, therefore, there are no rural uses or need lor falTßworKer households. (9J.5010(J)(c)S Policy 3.2 Through Implementation of the Future Land Use Plan and Implementing LORs . suffident densities are delineated to allow affordable housing. Due 10 the extent of existing developmenl sites appropriate lor affordable housing are limited. [9J-S.O10(3)(c)11) The City of Aventura Comprehensive Plan Adopled December, 1998 "The City of Excellence" Page 32 j "1 OBJECTIVE 4 Through the ImplemenlaUon oflhe Future land Un Plen and tha lORa, adequate calegorlll to allow group homea and foater care faclllUII IIcenaed or lunded by the Florida Oepartmant 01 Health and Rehebilltative Servlcea will be Implemanted by lORa.19J-5.010(3)(b)4 -i I Measure: Enactment ri land Development Regulations Ihat allcm group homes and fosler care facilities licensed or funded. by the Florida Department al Health and RehabllitaUve ServIces. Policy 4.1 Through the Implementallon ri the Future land Use Plan and the lORs, Aventura \'All encoorage the eslabllshment of group homes and faster care facOllies In a manner conslslenl\'Ath Chapter 419, F.S. ta guide the development ri these licensed facilities In a non-dlscrimlnatory manner. Based on the concurrency management system adequate InfraslNc!ure and public fadlilies \'All be In place. (9J-5.010(3)(c)6 OBJECTIVE 5 -1 In the evanl that the ImplemantaUon 01 tha houatng program rllulle In the elimination of subslendard occuplad housing tha City af Avantura will provide relocatIon housing to those displaced, as neclllary and required. 19J- 5.010(3)(b)6 Measure: Number ri felocaUon homes provided. PolIcy 5.1 The City ri Avenlura \'All provide appropriate relocallon housing far any displaced Individuals. [9J-5,O10(3)(c)9) OBJECTIVE 6 Upon plan adoption, and II part of tha on-going formulaUan of the City 01 Aventura's operating policies and procedures, an aflardabla housing Implementation program shall be malntalnød.19J-5,O10(3)(b)7) Measure: Creallon al housing Implementation program consistent \'Ath the folla.ving polldes. PolIcy 6.1 Where applicable the Clly will ullllze, and In a coordination effort, encourage housing providers ta utilize federal, state and county subsidy programs. 19J- 5.010(3)(c)7) Policy 6.2 Due 10 the unusually high property values, coupled wllh IImlled vacanlland, the City of Avenlura's housing program may require Ihe CIty 10 consider entering Into an Inlertocal agreemenllo provide a franeworl< for the provision of affordable housing. [9J-5.010(3)(c)10 The City of Aventura Comprehensive Plan Adopted December, 1998 "The CIty of Excellence" Page 33 >-1 c.::r 0 CO "0 -C') CD- c.- '< :;'0 n"" CD> 3 < trCO CD :0 .:'~ - .. ..." ... CDC') 0 3 'tI .. co ::r co :0 III < co -; ::T 'tJ .. "" '" :::I '" :::I 0 :0 .. '< '" - - C" .. :0 ,.,. 'U .. :0 . ""i ::r- co 0 - ~ 0 - IT! >< n 'tI!. ..- ..co CD ::. n "'co Ä . ':f- -,,' '-,""-' .""::' ,'~ ~'~ .,~ ,*"11;' j 4 INFRASTRUCTURE ELEMENT INFRASTRUCTURE GOAL 1 Provide for potable water, and sanitary sewer facilities which meet the city's needs in a manner that promotes the public health, environmental protection, and economic opportunity. OBJECTIVE 1 The City or Aventure shall continue to coordinate IOrvlce to ensure the orderly and emclent provision of water and sawer IOrvlc.. at adopted levels oflOrvlce. Measure: New land uses nol connecled to public water supply. Policy 1.1 All new uses within the CIty shall be connected to a public water supply. Exceptioos may be provided for resldenllal uses at a density no greater than two units per acre, wilere pnmary dnnklng waler quailly standards as specified In the Florida Administrative Code can be met without trealmenl and Ihe groundwater Is free from saltwaler Intrusion. OBJECTIVE 2 The City of Aventura shalt continue to coordinate service with a provider who maintains procedur.. to ensure that any facility denclencles are corrected and that adequate facility capacity will be available to meet future needs. Measure: Malnlalnlng adopted levels of services, Policy 2.1 To assure an adequale level of service, potable water and sanitary sewer facilities shall meet the fa lowing level of service standards, as adopted by Miami-Dade County Water and Sewer Department and the CIIy 01 North Mla-nl Beach, the Cily's current service provider. tJ Potable Water Supply (oj The system shall operale with a raled maximum daly capacity willch Is no less than 2 percent above the maximum dally now for the preceding year, and an average dally capadty 2 percenl above the average dally per capita system demand for the preceding 5 years. (bJ Water shall be delivered to users at a pressure no less Ihan 20 pounds per square Inch (psi) and no greater Ihan 100 psi Unless olher'Mse approved by the Miami-Dade Fire Departmenl, minimum lire n<m based on the land use served shal be mant,;ned as follcms: Min. Fire Flow 500 gallmln 750 gallmln Land Usa Single Family ResldenllaVEstale Single Family, Duplex, and Residential 00 minimum lots of 7,500 sf'. MulU-Famlly Residential 1,500 gaUmln Semiprofessional Offices, Hospitals, Schools 2.000 gaUmln Business and Induslry 3,000 gaUmln (cJ Water quality shall meet alilederal, Stale and County primary standards for potable waler, (dJ System-wide slorage capacity for finished water shall equal no less than 15 perœnt oIlhe s)"Slem average dally demand. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 35 Sanitary Sewer (a) The syslems wastewaler trealmenl plants shall operate v.ith a physical capacity of no less than the annual average daily sewage now, (b) Effluent discharge from wastewater treatment plants shall meet all faderal, Stale and County standards, (c) The system shall maintain the capacity to collect and dispose of 102 percent of the average daily per capita sewage system demand for the preceding five years. Polley 2.2 By 2000, the Clly of Aventura shall explore the adopted levels-of-servlœ for non- resldeollal nows within the City. Policy 2.3 Except as provided by Objective 1 and the supporting pdides, no development order authorizing new development or a significant expansion of an existing use shall be Issued lor any area of the Cily v.I1lch is served by a potable water or sanitary sewer facility v.I1lch does nol meet the standards In Policy 2.1 or will not meet these standards conærrenl wilh the completion of the development. In any case where these federal, state, or county standards referenced In Policy 2.1 are revised, a reasonable time for compliance with Ihe new slandards shall be allowed. Policy 2.i The provider shall maintain procedures and programs to monilor levels of service of each facility for use by agendes v.I1lch Issue development orders or pennils. Policy 2.5 All wastewater treatment operallons will comply with federal and state regulations for overflaws. Policy 2.6 The Cily shall continue to coordinate v.ith a provider who shall continue the expansion of existing water and wastewater trealment plants to meet demand through the year 2015. OBJECTIVE 3 The City of Aventura shall protect the heaith of Its residents and preserve Its environmental Integrity by reducing the proportIon of residences and commercial establishments within the City using private wastewater treatmentlacllities. The City 01 Aventura, In conjunction with the Mlaml.Dade County shall discourage the new or continued use of such facilities through the strict application of the Plan and Land Development Regulatlone. Measure: New land uses not connected to public sanitary sewer supply. Policy 3.1 Aventura shall prohibit the use of septic tanks in soils that are nol suitable for such use. Throughoulthe Clly, additional septic tanks should not be pennltted for the disposal or discharge of Induslrlal or other non-OOmestic waste nor should they be pennitted v.I1ere seasonally high water lable v.illimpair proper funcitonlng. SepUc lanks should be avoided v.I1ere privale wells are In use. Policy 3.2 Anywhere that the use of existing prtvate wells, Intertm wastewater Ireatmeot plants, or septic tanks pose a threat to Ihe public health or the environmeotal The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 38 Inle<,rity of Aventura, the CIty shall assert Its authority to require the connections to the public water supply or to the public sewer system, Policy J.J -1 ! If the City determines that a sepllc lank(s) Is/(are) de<,radlng surface water and/or ground waler the property O'Mler shall obtain central sewer service v.ithln 90 days, unless otherMse approved by Ihe City Commission, OBJECTIVE 4 The CIty Ihelt develop and Implemant a comprehanalve water conl8rvatlon program to enlure that a aumclen~ economical eupply of freah watar la avallabla to meet current and futura damand for potabla water without degrading the environment Measure: Reduce Per capita water consumption by 10% by 2005, Policy "i. The City's newslelter shall be used 10 promote an educallonal program for resldenllal, commercial and Industrial consumers which will discourage waste and conserve water, Policy "i.2 Enforce requirements, and establish new requirements and procedures as needed, to assure that low water usage plumbing fixtures are used In all new buildings or In conluncllon wllh pennllted renovallons In accord with the South Florfda Building Code, Mlaml-Oade County addlUon, as may be amended Iran lime to lime, and Ihe Florida's Waler Conservation AcL Section 553,14, F,S, Improved procedures for plumbing InspectIons and mechanisms for approving products lor Installallon shatl be considered by the Clly's Building Division, Policy "i.J The City of Aventura Canmunlty Services Department shall take all necessary steps 10 ensure compliance with the City's landscape regulations, and shall establish mechanisms to monitor and measure the eflecllveness d !he ordinance and tis malor provisions, OBJECTIVE 5 Tha City of Avantura ehalt undertake timely ellom to expand tredltional aourcn of raw water and develop new raw water aourcaa to mael the Clty'a level of aervlce atandarde for watar aupply. Measure: ImplementatIon or utlllzalion 01 reused waler, should It become evallable, Policy 5.1 The C/ly 01 Aventura shall encourage, Mlaml-Oade County In Ihe development of Its fulure potable water supptles, to the maximum exlent feasible, utilize methods which preserve the Inlegrity 01 the Biscayne Aquifer, protect the quality of surtace waler and related ecosystems, and comply v.ith the land use and environmental protection policies of the Ml1I1l1-Dade County CDMP, the Strategtc Regional Policy Plan for South Florfda. and the State Comprehensive Plan, Policy 5.2 When reclaimed water becomes available, the Clly shall consider Its usa on public and private properties, Currently, the Mlaml-Oade Water and SiJ.ver Departmenlls responsible for Implementing any reuse Ihat Is d8ffi1ed by tl1e Counly 10 be economically feasible, The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 37 INFRASTRUCTURE GOAL 2 Provide for the conservation, environmentally sound use, and protection of natural resources, and protect natural drainage features in Aventura. OBJECTIVE 1 Protect ground and lurflce watèr ruourcel from degradaUon, provide for effeeUve surveIllance for polluUon and clean up polluted areas 10 meet all applIcable federal, State and County ground and surface water quality Itandarde. Measure: Continualion of the Siormwater Utility Program. Policy .1 Avenlura's Stormwaler Utility Program shall fund the Identification and retrofilting á deteriorated storm sewer systems and positive outfalls and the proper maintenance á stonnwaler systems. Policy 1.2 By 2003, Induslries and businesses which generate andlor handle more than filly (50) gallons á hazardous Industrial wastes per year shall be idenlified and monilored, Coordination among agencies that require reporting of hazardous wastes shall be Improved. OBJECTIVE 2 The aquifer recharge and water storage capacity of preeently undevetoped areal shall be maintained or Increased. Additionally, the City shall protect against environmental damaga such as alleringhydrocyclu. Measure: PrEKIevelopment surface runoff rate not exceed post development surface runoff rale of discharge. Policy 2.1 The aquller-recharge values of wetland areas shall be maintained and, where feasible, enhanced or restored. Policy 2.2 All future development and redevelopment shall use retentIon, Infilltatlon and detention systems to relaln to the maximum exlent feasible, the full runoff from a one In five year stonn and minimize the use á Impenneable surfaces. In the event that an emergency overflow Is provided, a minimum of the firsllnch á runoff shaH be retained on-sileo Exceptions to the first Inch criteria will be reviewed on a case-by-case basis. Policy 2.3 Water conserving Irrigation and other landscape practices such as Xeriscape shall be used wherever feasible. Through lis slle and landscape reviews, Aventura shall ensure that appropriale native and xertscape plant materials are used, particulariy where public water Is used to water lal'n1s, gotf courses and landscaped green spaces. Policy 2." The City shall consider participation In water reuse demonstraUon projects that are developed. OBJECTIVE 3 Aventura shall contInue 10 develop end Implement Itormwaler mIller plans, IdenUfy and eliminate system deficiencies In City maintained drainage faclilUes; coordinate the extension of facilities to meet fulure demands throughout the City; and maintain and Improve water quality. Measure: Water quality elimination of deficiencies, maintaining levels of service. The City of Aventura Comprehensive Plan Adopled December, 1998 "The City of Excellence" Page 38 Policy 3.1 i -1 The Slormwater Management (Drainage) Level of Service (LOS) standards for Aventura contains both a Flood Protectlon (FP) and Water Quality (WQ) canponenl The minimum acceptable Flood Protection Level cA Sep/lce (FPLOS) standards for Avenlura shall be protectlon frOOlthe degree of flooding that would resull for a duration or one day !rOOl a ten-year slorm, with exceptions In previously developed canal basins as provided bel","" were additional development to this base standard would pose a risk 10 e~sting developmenl. All slructures shall be constructed at, or above, the minimum noar elevation specified In the federal Flood tnsurance Rate Maps for Aventura, or as specified In Ihe MIOO1I-Dede County Code. wlchever Is higher. .... i 1. The Water Quality Level cA Seivlce (WQLOS) component of the standard shall be met when the annual average for each of the fcJla.vIng twelve priority NPDES pollutants shall not exceed the fdlov.lng target criteria for each of those poIlulants within a canal basin. or sub-basln, as determined In accordance \'Jth procedures established by Miami-Dade County DERM: ~ Pollutant B~cal üxyr¡eo Dema1d (BOO) Cheoical Oxyr¡eo Demæd (COO) T~aI Suspended Sdlds (TSS) T~aI DIssolved Sdids (TDS) T ~aI AmnmIa-NltroQen & OI¡¡ælc AmnmIs T~aI Nitrnle (No.-N) T~aI Pl1œphate (TP04) DIssolved Phosphate (DP04) Cedmum(Cd) Cower (Cu) Lead (Pb) Zinc (In) TlrOlt Criterion 9 r11!I'1 65r11!1'l 40r11!l'1 1,lJOOr11!I'1 1.5 r11!I'1 068r11!1'l 0.33 r11!I'l Not available 0.0023 mst1 0,0258 mst1 0.0102 r11!I'1 0231 r11!I'1 2. Applicants seeking development OIders In canal basins, or sub-baslns, that do not meet ellher the FPLOS or the WQLOS shall be required to conform to Best Management Practices (BMPs) as provided by Miami' Dade County Code. CMners of commerdal or Industrial properties where BMPs are requlrad, shall, al a minimum, demonstrate that their on-slle stonnwaler system Is Inspecled two limes per year and maintained and deaned as required. Private resldenllal developmenls in areas were BMPs are required shall demonstrate that their on-slle stormwaler systems are Inspected two times per year and maintained and deaned as required, Policy 3.2 The City cA Avenlura shall wor!< with Miami-Dade County and the Soulh Ftorlda Waler Management District to better Identify the developed urban areas wilhln the City that do not have protection from a one In ten year storm. OBJECTIVE 'I Aventura shall protect and preserve lhe biological and hydrological functions of the wetlands Identlned In the Land Use Elemanl Future Impacts to lhe biological functions of publicly and privately owned wetlands shall be mitigated. Publicly acquired wetllndl shall be restored and managed for their natural resource, habitat and hydrologic values. Measure: Number cA acres and condition cA Identified wetlands. Policy 4.1 The degradation or destruction of wetlands shall be limited 10 activities that 1) are necessary to prevent or eliminate a lineal to public health. safety Of welfare; or 2) are water dependent, dearty In the public Interest and no other reasonable allematlve exists o~ 3) are carried out in accordance v.ilh an approved basin management plan or; 4) are In areas Ihat have been highly disturbed or degraded and where restoration cA a wetland \'Jth an aqual Of greater value In acrordance ...th federal. State and local regulations Is feasible, Habitats critical to endangered 01 threatened spedes shall not be destroyed. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 39 Policy ~.2 Off-foad vel1lc1es shall nol be allowed In publicly owned and managed wellands Identified In Ihe adopted land Use Element unless there are pennilled facililies or areas specilled to< their use. AQUIFER RECHARGE GOAL To protect the City's natural drainage features and enhance the capabilities of the groundwater recharge areas. OBJECTIVE I The City shall support the efforts of the County to IdenUfy significant ground water resources and protect them through land UII controls, public acquisition, easements or olher appropriate methods. Measufe: Aquifer water qualily. Policy 1.1 The City shall Implement a program 10 monilor groundwater supply conditions In conjunclion with the Counly and the South Florida Water Managemenl Distrfct. Policy 1.2 The Cily, In conjuncllon with MI¡mI-Dade Counly, shall develop and adopl minimum environmental standards regarding: prime recharge area proleclion, water lable manlpulalion, and wellfield drawdo'Ml standards. Policy 1.3 The Cily shailinstitule a comprehensive program responsible for educallng businesses and residents ci: Ihe County's current water conservallon policies, the fragility of the aquifer. methods to reuse and conserve water, well abandonment problems and rules, and benefits of drought resistant plants (xerlscape). Policy 1.4 The City shall adopt policies to prolect Ihe Biscayne aqullar. These shall include pdicies which address: 1. Public well field and landfill slUng 2. Siting of Induslrlalland uses which use hazardous malerlals or generate hazardous waste 3. Siting of hazardous waste collection facilities for households. 4. Additional protection of the aquller Iran saltwaler Intrusion 5. If necessary, support the expansion of the Hazardous Malerlal Emergency Response Team SOLID WASTE GOAL To devise a solid waste management system in conformity with federal, state and county statutes which promote the public health, sanitation, environmental protection, and operational efficiency funded by fair and equitable methods. OBJECTIVE 1 The City shall ensure that the public health, unttaUon and environmental protection will be maintained by continuing to franchlll wllh prIvate haulers for areaa of the City currently being nrved by private haulers. Measure: Availability of solid was Ie service for every business and residence. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 40 Policy 1.1 By 2000, In order 10 serve the residents 01 Aventura In a more efficient manner the City shall study and consider assuming the responsibility 01 sdld waste services Ihat are amently being serviced by MI¡rnI-Dade County. Policy 1.2 The County Sdld Waste Management System, which Indudes Counly-ooned solid waste dsposal facilUes and Ihose operated under contract \\ith the County for disposal, shall, for a minimum of five (5) yea", collectively maintain a solid waste disposal capacity sufficient to accommodate waste nows committed 10 the system through loog- term Interlocal agreements or contracts v.!1h municipalities and prlvate waste haulers, and anticipated non.çoo¡mltted waste nows. Aventura \\ill adopt the LOS established by Miami-Dade County at a minimum disposal capacity of five (5) years, based upon a lotal waste generation 01 seven (7) pounds per peI5OO per day. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Pag.41 -.. "T- T--- --- CAPITAL IMPROVEMENTS ELEMENT CAPITAL IMPROVEMENT GOAL Aventura shall, in a fiscally prudent manner, plan for and manage its facilities and infrastructure in order to adequately serve current and future residents while efficiently using and maintaining existing public investments, and making timely provision of required new capnallnvestmenl. [9Jc5.016(3)(a)] OBJECTIVE I Upon adoption of this Plan, the Capltallmprovemenll Element (CIE) shall provide for necellary replacement of existing facilities, upgrading 01 faclllllll whsn necesllry to maintain adopted level of service (LOS) standards, and for new facility Inv88tmenll which sre needed and effordable. [9J-5.016(3)(b)1] Measure: Adoption of CIE which replaces or upgrades existing facilities and maintains the adopted level 01 service standards. Policy 1.1 Capital expenditures Identified In elements of the Comprehensive Plan In excess 01 $50,000 vd be Included In the Five-year Schedule of Improvements of this Elemoot. Policy 1.2 The Clly will continue 10 adopt an annual capllal budget which contains Ihe projects from Ihe Ave-year Schedule 01 Improvements for the corresponding year. [9J- 5,016(3)(c)71 Policy 1.3 Aventura will manage lis long-term general obligation deblln such a manner that the rallo of the debt service millage to the City millage does not exceed 1O perœnt.19J-5.016(3)] Policy 1.4 In planning for and Implementing lis Infrastructure needs, Avenlura vdll give explicit recognition to the requirements of new or expanded public educallonal and health facilities, Policy 1.5 By 2001, the City of Aventura shall conducl a feasibility study 10 cons/dB< the location of a mulll-purpose public facility In the north area 01 the City. The facIlIty Is envisioned to be a Joint use laclllly, which may Include a public IVOÓ<S storage and maintenance area, sheller and public parle Said parK Is 10 be designed 10 afford lis usé as a slaglng area In case 01 a nalural disaster, Including major storms ~nd hurricanes. OBJECTIVE 2 Upon adoption of this Plan land use decisions will be midi tn the context of available fiscal resources euch that scheduling and providing capIlli facilities for new development will not degrsde adopted smlcs levels. (9J-5.016(3)(b)(4)] Measure: Land use decisions made that do not degrade service levels. Policy 2.1 The capllal facilities and Infrastructure implications 01 land use and . development plan Implemenlallon will be analyzed and set forth vdlh aUBiltioo to the follfMÌng: The City of Aventura Comprehensive Plan Adopted December, 1998 "The Clfy of Excellence" Page 42 a) safety Improvements and elimination of hazards; b) elimination d below-standard condiUons and capadty defidts; c) demonstrated linkage between projected gro\'Ah' and facility service area; d) tradEH)ff between supporting new grov.th or redevelopment; e) finandal feasibility, induding operating costs: ~ COOIdination \'Ath the capital programming of other public agendas; and g) contractual and/or mandated obligations. Policy 2.2 Service and facility impacts d new development must be Identified and quantified so that suffident putjic facilities \'All be planned and programmed to be availatje when needed. All development orders authorizing new, or ~gnjficant expansion of existing urban land uses, shall be contingent upon the provision of services al the levels d service which meet or exceed the adopted LOS standards except as otherwise provided In the concurrency management system of the CtE. 19J-5.016(3)(c)6) Policy 2.3 Development Orders that were reviewed for concurrency and approved, by Miami-Dade County, prior to the adoption of this Comprehensive Plan shall be considered vested unless or until such a determination expires. 19J-5.016(3)(c)5) Policy 2.4 The Five-Year Capital Improvements Program, or the City's contract providers as appropriate, shall Incorporate the Identified capital Inveslments kom each functional elemenl and will be based on the fdlcming LOS standards: [9J-5.016(3)(c)4 Potable Water Supply a) The Irealment system shall operate with a raled maximum dally capadty y,f¡ich is no less than two percent (2%) above the maximum daily fiow for the preceding year, and an average daily capacity two percent (2%) above Ihe average dally per capita system demand for the preceding five (5) years. Waler shall be delivered to users al a pressure no less than twenly (20) pounds per square Inch (psi) and no grealer than 100 psi. Unless otherwise approved by the Mlanl-Dade Fire Department or successor entity, minimum fire now, based on the land use served, shan be maintained as follows: Minimum Fire Flow Land Use Gallons per Mtnute Stngle Famlty Restdentiat Estate Density 500 Single Family and Duplex Residential on Minimum Iois of 7,599 ft2 150 Multi-fanlly Residential, Semiprofessional Offices 1,500 Hospitals, Schools 2,000 3.000 Business and Industry b) Water quality shall meet all federal, stale and county primary standards for potable waler. c) System-wtde storage capacity for finished water shall equal no less than fineen (15) percent of th'e system-l'rIde average dally demand. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 43 Sanitary Sewer ß) Waslewaler trealment plants shall operate wilh physical cßpadty no tess Ihan Ihe annual average daily sewßge lIow. b) Effluen! discharged from wastewaler treatment plants shall meet all federal, slale and county standards. -; i c) The syslem shall collectively maintain the capacity to collect and dispose of 102 percenl 01 the average dally per capita sewage system demand for the preceding five years. Solid Waste The County Solid Waste Management System, which Includes County-owned solid waste disposal fadlities and those operaled under contract with the County for disposal, shall, for a minimum of five (5) years, cdlectlvely maintain a solid waste disposal capadly suffident to accommodate waste lIows commltled to (he system Ihrough long- term Interiocal agreements or conlracts ..;th municipalities and private waste haulers, and antidpated non-commitled wasle flows, Traffic Circulation As per 9J-5.005(8)ü), Ihe Clly of Mentura adopts the level of service standard as described In Ihe MI¡rnI-Dade County Comprehensive Development Plan, Traffic ClrculatiOh Subelement1997, Objective 1 Polley 18, as It retales to Urban Infill Areas (UtA) 19J-5.019(4)(c)1, and more particulariy described as folloWS: The minimum acceptable peak-period LOS for all State roads and on all City roads shall be Ihe follo..;ng: Within the Urban Infill Area (UIA) ~ (a) Where no public mass transit service exists, roadways shall operale at or above LOS E: (b) Where mass transll service having headways of 20 minules or less Is provided v.ilhin Y, mile distance, roadways shall operate al no greater Ihan 120 percent of their capacity; (c) Where extraordinary transil service such as commuter rail or express bus service exists, parallel roadways within y, mile shall operate at no greater than 150 percent 01 their capacily. it Is recognized that the CIty of Aventura existed, prior to Incorporallon, and presently exlsls,under condition (b) above. This slalus shall continue In ellecl for atl other public roadways, until such time as revlslled by the City Commission. Mass Transit The Clly of Aventura accepts Miami-Dade County's mass trans II level of service as slaled in their 1997 CDMP Capitallmprovemenls Elemenl and the Mass Transit Subelement 01 the Traffic Circulation Elemenl which follows: 1) The average combined population and employmenl density along Ihe corridor between the exlsling transit ne!wort< and the area of expansion exceeds 4,000 per square mile, and the corrldor is 0.5 miles on either side of any necessary new roules or roule extensions to the area of expansion; 2) It is estimated that there Is sufficient demand 10 warrant service: 31 The service is economically feasible: and 4) The expansion 01 transit service Into new areas Is not provided at a delriment to exisllng or planned services In higher density areas 'hith greater need. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excel/ence" Page 44 Parks and Recreation I. The Water Quality Level 01 Service (WQLDS) canponent 01 the standard shall be met when the annual average for each 01 the following !welve priority NPDES pollutants does not exceed the IcJlowIng target criteria for each 01 those pollutants within a canal basin, or sub-basin, as determined in accordance with procedures established by Miami-Dade County DERM: Pollutant Target Criterion Biologcal Oxygen Dema1d (BOO) 9 m¡¡11 ChemIcal Oxygen Dema1d (COD) 65 m¡¡11 Toial Suspended Sdlds (TSS) 4ü m¡¡11 T oIai Dissolved Sdlds (IDS) 1,000 m¡¡11 Toial Ammonia-Nitrogen & OI¡¡anlc 1.51T19'1 Ammonia Toial NKrate (NorN) 068 m¡¡11 ToiaiPhosphale(TP04) 033 m¡¡11 Dissolved Phosphate (DP04) No! avålable Cadtrium (Cd) O,OC)23 m¡¡11 Copper (Cu) 00258 m¡¡11 lead (Pb) 0.0102 m¡¡11 Zinc(Zn) 0231 m¡¡11 Aventura's minimtfl1 level 01 service standard for the provision 01 recreational open space shall be 2.75 acres 01 local recreation space per 1,000 permanent residents. Drainage The Stormwater Managemenl (Drainage) Level 01 Service (LDS) standards lor Aventura contains both a Flood Protection (FP) and Water Quality (WQ) component The minimum acœptable Flood Protection Level á Service (FPLDS) standards lor Avenlura shall be protection from the degree 01 flooding that would resull lor a duration 01 one day from a ten-year storm, with exceptions in previously developed canal basins as provided bel em, where additional development to this base standard would pose a risk to e~sting development All structures shall be constructed at, or above, the minimum floor elevalion specified In the federal Flood Insurance Rate Maps lor Aventura, or as specified in the Mlami-Dade County Code, whichever Is higher. 2. Applicants seeking development orders in can at basins, or sub- basins, that do not meet either the FPLOS or the WQLDS shall be required 10 conlO!111 to Besl Management Practices (BMPs) as provided by MI;rnI-Dade County Code, ONnoo of commerdal or Industrial properties where BMPs are required, shall, at a minimum, demonstrate that their on-sile slormwaler system Is Inspected Iv.u times per year and maintained and cleaned as required. Private residenliai developments In areas y.¡f¡ere BMPs are required shall demonstrate thaI their on-slle stormwaler systems are Inspected Iv.u times per year and maintained and deaned as required. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 45 Pollee Protection The IXovision cI adequate ¡>dIce protec6on Is BSsen6aJ ror the safety or the public, New development v.ill dlrec6y and Inclrectly Impact existing police services, In order to maintain adequate ¡>dIce prolBC1lon for the exls6ng popula6on and to accommodate projecled population due to new development addiliona capital IBSOOrces may be required An impact fee systEm shall be adopted to fund needed capita Improvements required by new development Fire Protection The City cI Avootura accepts the service standard adopted by the Mlanl-Dade FIre Resæe Departmenl for the provision cI fire services In the City, OBJECTIVE 3 Future development will be pennlttad only when the adopted level of service ltandardl for those servlcll lilted In the tiE will be upgraded or maintained at adopted levall of service alluring that adequate filcal resourcel are made avlllible Including, thl proportionate COlt of Improvemenll n8Cellltated by the development [9J-5,O16(3)(b)3] Measure: Maintenance of adopted levels of service, Policy 3.1 Approprtate funding mechanisms v.ill be adopted and applied by Aventura In order 10 assure the fiscal resources to maintain acceptable levels of service, Such funding mechanisms Include Impact lees, USIJ( fees, special tax dlstrtcts, general obligation bonds, and special purpose authorities, or others as appropnate and feasible, [9J- 5.016(3)(c)8] OBJECTIVE 4 Annually, the City will prepare a five-year Capital Improvement Program (tiP) analyzing all anticipated capital expendlturel and Idenllfylng aseoclated funding lourell, (9J-5,O16(3)(b)1 & 4] Measure: Preparallon of annual Capita/Improvements Program In conformlly with the adopted policies, Polley 4.1 Future capItal expendilures necessitated by changes In population, manges in developmenl growth, redevelopmoot or changes In economic base will be calculalad and Included In the Capllal Improvemool Program update process, [9J-5,O16(3)(c) 1) Polley 4.2 The Clly will perform all capUai improvemoots In accordance v.ilh an adopted Capltallmprovemoot Program, Policy 4.3 The classification cIltems as capital or operallng \WI be detBmllned by two Clitena - cost and frequoocy, Generally, a capital project has a 'uselul iile' 01 more !han one year and a value of $2,500 or more, or for ctfice equlpmoot $500 or more, Policy 4.4 The City will coordinate development cIthe capital Improvement budget v.ith the development or the operating budget Future operaUng costs assodated with new capllal Improvements v.ill be projeclad and Included In the operaUng forecasts, The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 4B I 1 4 Policy 4.5 The first year cA the fiv&-year capltallmpro~ement program will be used as the basis for formal fiscal year approprtations durtng Ihe annual budget proœss. ~ I Policy 4.6 The City will malnlaln all cA lis assels at a level adequate to protect the CIty's capital In~estment and to minimize future maintenance and replacement costs. [9J-5.016(3)(c)3 Policy 4.7 The CIty will Identify the esUmated cost of capital projects and prepare a funding pfOeclion that considers ra~enues and operating costs 10 be Induded In the Capital Improvement Program document that Is submitted to the CIty Commission for approval. [9J-5.016(3)(c)9 Policy 4.8 The City will dstermlne the most approprtata finandng method for all nEWI projects. Policy 4.9 If approprtate, the City will attempt to maintain a mixed pdlcy cí pay-as.you-go and booowIng agalnsl future revenues for finandng capital projects. Polley 4.10 The City will maintain ongoing malntenancs schedules rslallng to road, sIdewalk, drainage and utility system Improvemenls. Policy 4.11 The City will address and prtorttize Infraslruclura needs on the basis ri protecting the health, safety and welfare of the oommunlty. Polley 4.12 A CIP preparation calendar shall be establIshed and adhered 10. Polley 4.13 Capital projects v.ill oonform to the CIty's Comprehensive Plan. Polley 4.14 Long-term booowIng will not be used to fund current operallons or normal maintenance. Polley 4.15 Tha Clly will strt~e to maintain an unrsserved genSfBI fund balance at a leval not less than 7.5% of the annual general fund revenue. Polley 4.16 If new project approprtation needs are Identified at an Inlm period during the fiscal year, the funding sources will be ldenttfled end mid-year budget amendments will be ullllzed to provide formal budgelary authortty, In addlUon, budget OOlendments may be utilized 10 InCfeasø appropriations for specIal capllal projects. The City of Aventura Comprehensive Plan Adopted December, 1998 "The CIty of Excellence" Pege47 10 Ihe Issuance of Ihe first CO unless Ihe developer has entered Into a binding agreemenlto dedicale an Improved park site within twelve months after Issuance of the first CO" 3) Necessary transportation facilities must be contracted for construction nO later than 36 months after Issuance of a CO. Assurance Ihatlhe facilllies (lhe leon facilities shall mean or shallindude land, and the phrase 'construction of facililies' shaH mean acquisition of land, when applicable to a Plan LOS standard) will be constructed, or acquired and available, .,;lhln the limeframes established in the above paragraph shall be provided by the follCMing means: 41 The necessary facilities are under construction althe time the building permit Is issued; 5) The necessary facililies and services are the su~ect cI a binding executed contract for the constructIon of the facilities or Ihe provision of services at the time the building pennills Issued; 6) The necessary facilities are funded and programmed In the first year cI the Implementing agencies adopled capital budget or are programmed In the CIE for the construction or acquisition; Ihe necessary facilities shall nol be deferred or deleted from the CIE mr1< program or adopted one-year capilal budget unless the dependent building pennil expires or Is rescinded prior 10 the Issuance of a certincale of use or occupancy; 7) The necessary facililies are programmed, In the five-year capilal facility plan or work program of the Stale agency having operational responsibllily for aftected facilities, for construction or acquisition: 8) The necessary facilities and services are guaranteed, In an enforceable development agreement, to be provided by the developer. An enforceable development agreement may Indude, but Is not limlled la, development agreements pursuant to Section 163.3220, F.S. or an agreement or development order issued pursuant to Chapler 380, F.S,; or 9) Timely provision 01 the necessary facililles will be guaranteed by some other means or Instrument providing substantially equivalent assuranceS. 10) Where solid waste disposal facilities are to be available for years 3 through 5 pursuant to the adopted LOS standard are not In piace and available prior to the Issuance of a CO, a commlbnent for that capacity to be In place and available to acccromodate projected demand In those Mure years shall be made through the means above, prior to the Issuance of a CO. 11) A proposed development will not be denied a concurrency approval for transportation facililles provided that the development Is otherv.ise consistenl wIth the adopted Comprehensive Plan and II meets the folllMing criteria pursuant to Section 163.3180, F,S,: The proposed development Is located within the Urban Infill Area (VIA), as adopted and described In the 1997 MIOOlI-Dade County Comprehensive Development Master Plan Capital Improvements Elemeot and the Transportation Bemen\, Traffic Clrculallon Subelement Polley 1 B. II Is anticipated that after building pennlls are Issued, detennlnatlons cI concurrency prior to the Issuance of cas may sImply Invdve review and verification cI compliance with teens and conditions set forth In the foregoing paragraphs. The concurrency management system Is solely used to ImplOO1ent minimum level cI service standards. In the review of applications for development orders, neither Ihe satisfaction of these minimum standards, nor exceptions from them, shall preempt the City cI Mentura from conslderaUons of any other standards nor criterion set forth In the applicable development regulalions, The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 49 -- --.,.-- T -.- INTERGOVERNMENT AL COORDINATION ELEMENT INTERGOVERN MENTAL coo RD I NATION GOAL Use intergovemmental coordination as a major means of ensuring consistency among local, county and regional government plans and policies and of implementing Aventura's comprehensive plan. OBJECTIVE I Maintain and Improve coordination of planning, development and Impact alIGnment among governmental entltiee with applicable responsibilities. Measure: Number and significance of comments made to and responses received from revlewfng agendes In conjunction wllh review 01 amendments to \he Aventura Comprehensive Plan and the comprehensive plans of the other entities. Usage 01 Informal or fonnal mediation when necessary to resolve disputes. Policy 1.1 Make full use 01 \he coordination mechanisms built Into \he Intergovemmental review and comment provisions 01 \he Local Govemment ComprehBflslve Planning and Land DevelopmBflt Regulations Act to seek conslstBflCY between \he AvBfltura Comprehensive Plan and \he loc~ comprehensive plans of adjacent Mlænl-Dade munlclpaillies 0/ North Miami Beach, Sunny Isles Beach and Golden Beach; Broward, and MIOOlI-Dade Counties; and the adjacent munlclp~ity of Halland~e, wfthln Broward County. Policy 1.2 Aventura shall consider compatibility wfth adopted land use plans of adJacenl munlclp~itles as a factor In reviewing proposed changes to the AvBfltura Future Land Use Plan map or to a munlclp~ plan. Policy 1.3 Provide for County-clty and dty-clly exchange of notification and Infonnatloo of requests for change of zoning wfthln the vicinity of the unincorporated area and other munlclp~ boundaries. . Policy 1.4 Make use oIlnfonn~ or formal mediation processes when possible to resolve disputes arising from ænendmBflts to the Aventura's ComprehBflslve Plan. Policy 1.5 Encourage \he development 01 a regional forum to address \he needs and strategies for providing and developing public services and lacllitles as well as to enable IntergovemmBfltal review of regionally slgnlficantpubtlc facilities which Involve locally unwanted land uses. Policy 1.6 Support \he establishment of a coordinated regional transll system for Ihe transportation disadvantaged. Policy 1.7 Aventura shall work cooperatively wflh other local governments 10 Identify opportunities for affordable housing. The City of Aventura Comprehanslve Plan Adopted December, 1998 "The City of Excellence" Page ~1 Policy 1.8 Encoorage the establishment of lant funding cycles for federal, stale and local affomable housing programs. Policy 1.9 The City ci Aventura shall coordinate ils plans with the Miami-Dade County School Board and other unils of local govemment providing services but not having regulatory aulhO!ity over the use of land, Policy . 0 The City ci Aventura shall coordinate any and all spoil disposal sites with Miami-Dade County, the Soulh Florida Water Managemenl Dislrict, the Army Corps of Engineers, or any other enlily invaved with the designalion of new dredge spoil disposal sites. OBJECTIVE 2 Coordinate with local, raglonal, and elate enUUn wlih rnponelblllUes In the nlabllshment of Level of Service standards. Measure: Continued use 01 Level of Service Standards as contained In the Capilal Improvements Element 01 the Avenlura Comprehensive Plan until properly amended. Policy 2.1 Aventura shall conlinue 10 eslablish Level of Service standards for local services. Policy 2.2 Impacts on facHilies 01 slale, regional and municipal govemments shall be Included in Impacl fee ordinances v.11lch may be established by Aventura. These impact fees shall be applied to those geographic areas v.11lch will benefit from the faeililies funded by the fees. The areas v.11lch each Impact fee shall apply, shall be determined by the Cily Commissioners al the time said fee Is established. OBJECTIVE 3 Encourage the un of Interlocal agreements and municipal boundary changes to Improve coordlnaUon of local development and the effective and efficient delivery of localnrvlces. Measure: Number of Inlerlocal agreements v.11lch Improve coordInation for municipal services. Policy 3.1 Promote Ihe use of County-clty Interlocal agreements to provide for extra Jurisdictional service deliveries v.11ere efficiency and effectiveness can be . enhanced. Policy 3.2 Encourage the esiabßshment of fDmlal agreements among the necessary govemmental bodies 10 Implemenl coordinated planning for the development of public facllilies and services. Policy 3.3 Development activities shall adhere to the guidelines, pc:ildes and provisions of applicable Inlerlacal agreements. OBJECTIVE 4 Ensure adequate and Umely shelter within the region for thou rnldlng In hurrlcane evacuation areas. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 52 1 1 Measure: Continued partidpallon by City Departments In regional planning meetings that address emergency management Issues. Pollcy4.! Encourage local govemments and federal, slate and regional agendes to proteclthe population by developing a system 01 emergency communication on roadways. -1 I Policy 4.2 PrOOlote the establishment and maintenance 01 mutual aid agreements among local govemments to proteclthe population. Policy 4.3 Encourage local, regional, state and federal agendes and organizations to work together In evaluating the existing ClUerta for designating places for sheller. Such critetia should Indude but not be limited to: locations of shelter; slruclurallnlegrlty of shelter; space provided per person; and availability 01 essential provisions. Policy 4.4 PrOOlole the coordination by federal, stale and regional agencies of a public Infonnatlon and awareness program coocemlng various types of hazards and appropriate response, ... The City of Aventura Comprehensive Plan Adopted December, 1998 "The CIty of Excellence" Page 53 >-1 c.::, 0 " -0 CD- c..< Co ~... CD> 3 < cr<l> CD :> ~ - - C --."' co" :0 0 3 "0 -; :r 'C '" "" '" " - '" " 0 " '" '< "' ::' :> co < ", ~ - 0'" '" :> '" "D .. :> -i ;,- (") - ~ 0 ... IT! >( n .,,!, CD- 10<1> CD ;:, n "' .... : '-þ,o J 'f' ',,' ;, .¡. ~' '-~..-r.. . T-- I j 1 CONSERVATION & COASTAL MANAGEMENT ELEMENT -¡ I i The goals, objectives, and policies for the conservation element have been combined with the goals, objectives, and policies for the coastal management element because they are complementary within a coastal community such as Aventura. COAST AL MANAGEMENT GOAL To protect, conserve, or enhance the coastal resources; such that where appropriate, development activities that would damage or destroy the resources are restricted; human life in the coastal area is protected; and that public expenditures in areas subject to natural disaster are limited. [9J-5.012(2)(a)] OBJECTIVE 1 The City will conUnue to meet or exceed the minimum air quality standards established by the Department 01 Environmental Protection. (9J.5.013(2)(b)l] Measure: Maintenance or Improvement of air quality within the Miami-Fort Lauderdale alrshed, Polley 1.1 The City shall maintain compliance with lis trallic level of service standard thereby avoiding CO/lgeslion thai would adversely Impact air quality. OBJECTIVE 2 As part 01 ths Intimal consistency requirement of the Comprehensive Plan elements the conservetlon efforts to protect water sources end weters that now Into estuarine waters or oceanic waters will be coordinated with the Infrastructure Elemen~ on site drainage standards will ensure that private properties retain et least the nrat Inch of stormwater on site end penn It no more run.off aller development then before development. (9J-5.013(2}(b)2] end 19J. 5.012(3)(b)2] Measure: Number of parmlls Issued that oomply with adopled drainage levels of service. Polley 2.1 Through ImpiementaUon of the tand use plan and implemenUng iand development regulations sufficient restrictions will be In place to direct, activities and land uses known to allect the quality and quantity olldenUlled water sources adversely, away from these sources. Including nalural groundwater recharge areas, wellhead protection areas and surlacs waters used as a source of public waler supply. ImpiementaUon 01 the Sionnwaler Utility Program will ensure that Ihe slonn sewer system slandards will be maintained as delineated In the Infrastructure Element. (9J-5.013(2}(c¡1 and 61 and (9J-5.012(3}(c)1 and 2) Polley 2.2 Aventura will adhere 10 and promote emergency water CO/lservatlon eftorts In accordance with the South Florida Water Management District's plan. 19J- 5.013(2)(c)41 OBJECTIVE J Through Implementation of the land use plan and lubsequent land davelopmant regulallons tha remaining nallve vagetallve communillel, and appropriate minerals and aolls condilions will bl conserved Bnd Implementation mechenlsms will be developed. (9J-5,O13(2)(bPI Measure: Adoption of land Development Regulations Ihat protect native vegetative communities, Induding environmentally sensilive land The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Pege 55 PollcyJ.! Cunenlly, there are no areas within the Cily limils thaI are suitable for mineral extraction, and due to the level of existing and expected development it Is not expected thai there will be any, however, iI Is recognized Ihat conservation. protection and appropriate use of nalural resources is necessary.gJ-S.O13(2)(c)2 Policy 3.2 Through Implementation of the land use plan and implementing land development ;guiations any remaining native vegetative communities, Including environmenlally oensitive lands, y,fll be protecled from development activities. [gJ-S.O13(2)(c)3 and [gJ- 5.013(2)(c)91 OBJECTIVE 4 Through III Intergovernmental coordination mechanllml Aventura will work to conserve, protect and appropriately use marine habitat, wildlife habitat, wildlife and fisheries consistent with the South Florida Regional Planning Council Polley Plan, and any applicable stale or federal regulation, the City will adopt conservation procedurel as pari of Its land development regulations. [gJ- 5013(2)(b)41 Measure: Adoplion of conservalion regulalioos consistent wilh the staled objective. Policy 4.1 Those knOv.fl development activilies Ihat adversely affect the survival of endangered and threatened wildlife will be reslricted In a manner consistent with applicable stale and federal regulations.gJ-5.013(2(c)S] Policy 4.2 By the adoptioo of the Cily's conservalloo ordinance natural functions of existing soils, fisheries, wildlife habilats, rivers, bays, lakes, harbors, marine habilals, Including wellands and estuarine marshes will be protected. [9J-5.013(2)(c)6] POliCY 4.3 As part of Ihe internal consistency requirement of the Comprehensive Plan elemenls areas Identified In the Parks and Recreation Element as existing nalural reservations will be protected. [9J-5.013(2)(c)7] Policy 4.4 Based on the delerminations made by the City's conservaUoo regulatioos environmentally sensllive lands will be designated. [9J-5.013(2)(c)9] Policy 4.5 In an effort to protect natural resources, hazardous wastes will be handled In a manner conslstenl with applicable slate and federal regulatioos. [gJ- 5.013(2)(c)10] Policy 4.6 In an effort 10 further the goals and objectives of the Conservation Sub- elemen!, and consistenl with Ihe policIes established by the Inlergovernment~ Coordination Element the City of Aventura will cooperate v.ith adjacent local govemmenls In the common effort to prolect nalural resources and the environment. [9J-S.O13(2)(c)8 OBJECTIVE 5 Realizing thaI there II limited remaining coastal wIldlIfe habitat tn Aventura, luch remaining areas shall be protected from development and when practical enhanced by developmenl [9J-S.O12(3Xb)1] Measure: Activities of coastal wildlife habItat protected or enhanced by development. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 58 Polley 5.1 The City sh<ll prohibit dredging Of filling that would resu~ In the destruction of grass/algae nats, hard bctIOOl Of other benthic communities In any waters within the City Jlm~s unless pennl~ed by other regulatory agencies. Polley 5.2 The City shall prohibit the deposit cl said waste Of Industrlal waste Including spent oils, gasoline by-products Of greases accumulated at garages, filling stations and similar establishments that create e health Of environmental hazard upon any vacant, occupied Of unoccupied pmmlses. parkway Of park, and In any canal, watBfW8Y Of bay within the City limits. Polley 5.3 The City sh<ll not Issue bull¡jng pennlts !Of eny development which does not meel adopled sloonwater management (drainage) levels of service. Polley 5.4 In Older 10 remedy pre-lnCOlpOOltion drainage deficiencies, the City of Aventura shall continue to Impose a stoonwaler utility fund. OBJECTIVE 6 Preserve the exl.Ung and planned eltea for weler.dependent usee; eSlure that any related marina con.tructlon or expan.lon meets appropriate locaHon .tandarda. 19J.5.012(3)(b)3 Measure: Number of slles available for water-<Jependenl uses. I Polley 6.\ Any new marina, marina expansion or similar water-<1ependent U58 shalt meet the foliowlng criteria: [9J-5.012(3)(c)9) 1. Construction or subsequent operation of any proposed marinalwaler- dependent project shall nal destroy: 8. Mangrove Protection Areas; or b. sea grass Of hard bottom communilles; or C. habitats used by endangered or threalened species, 2. The proposed marinalwater-<1ependent facility shall be: 8. campallble with existing, surrounding land uses; b. of sufficient size to accommodate the project and the required par1<Jng; and, 3. c. provide good land acœssibillty. The proposed marinalwater-<Jependent facility shall: 8. preserve or Improve b"adltion<l public shOfeHne uses end public access 10 estuarine and coastal watoo; and b. preserve or enhance the qu<llty of the estuarlne and coastal waters, water circulation, tid<l nushing and light penetration, The above shaH be Incorporated Into the land Development Regulations wltlún one year of Plan adoption. OBJECTIVE 7 There are no beach or dune ay.toma within the city 11m ill of Avtl1lufI. [9J-5.012(3)(b)4] The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 57 1 4 Measure: Nd applicatle, OBJECTIVE 8 ~ I I LImit City lunda for Infrlltructull within the city IImlll that would have the effect of dlrecUy subsidizIng dlvelopment which II IlgnlncanUy more Intenilvi than authorized by this Plan. (9J-5.012(3)(b)5 and 61 Measure: Amount of funds expended that dlrectiy subsidized developm6l11 that Is more Inlense than authorized by the Plan. Policy 8.1 The City shall IImlllls funding Œ public Infrastructure expansion If such fuming and such expansloo would have the effect of directiy subsidizing a specific privale development that Is slgnlficantiy more Intensive than authorized by this Plan. (gJ- 5.012(3)(c)71 OBJECTIVE 9 Maintain or riduci the current elUmeted hurricane evacuIUon clearance Ume of len than 12 houra.19J-5012(3)(b)7) Measure: Improvement or maintenance Œ estimated hurricane evacuation dearance lime of less than 12 hours. Policy 9.1 The Clly shall maintain and Implemenlthe strategy In the event of a hurricane of the established 'plck up points" 10 fadlilate the evacuation.9J-5.012(3)(c)4) Policy 9.2 The Clly shall maintain the adopled levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. (9J-5.012(3)(c)4) Objective 10 The City of Avenlura shall provide Immediate ruponle to polt.hurrlcane IltuaUonl In concert with I polt.dlnlter redevelopment plln which will reduce or elIminate the exposure of human lIIe and public Ind private property to natural hazards. Policy 10.1 The current Miami-Dade County Hurricane Procedures Plan shall be mooned to comply with the polldes under this ob/edlve, and shall contain step-by-slep details for post-disaster recovery operations. Policy 10.2 After a hurricane bur prior 10 rEH!nlry of the populatloo Inlo evacuated areas, the CIty Ccrnmlssion shall meet to hear preliminary damage assessments, appoint a Recovery Task FOfce and consider a temporary moralorlum of building activities nol necessary for the public heallh. safety end welfare. Policy 10.3 The Recovery Task Force shall Indude Ihe aty Manager, Ccrnmunlly Development DlrectOf, Building Offldal, Communlly Services Director and other staff members as directed by the City Ccrnmisslon. Stall shall be provided by the depar1ments Whose dlrectOfs are Task Force members. The Task Force shall be lemlnated after Implemenl!ng lis responsiblilly under Polley 10,6. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" P~ge 58 Policy 10.'\ The Recovery Task Force shall review and decide upon emergency building permits; coordinate <Mlh Miami-Dade Counly, Siale and Federal offidals to prepare disasler assistance applications; analyze and recommend to the Clly COO1mlsslon hazard mitigation opllons Indudlng reconstruction or relocallon of damaged public fadllties; develop a redevelopment plan; and recommend amendments to the comprehensive plan, MIOO1I-Dade Counly Humcane Procedure Plan and other approprtale polldes and procedures, Policy 10.5 Immediate repair and clean-lJp actions needed to protect the. public health and safely Indude repairs to potable waler. waslewaler and paNer laallties; removal of building and/or ve¡¡elallve debrIs: stabilization or removal of slructures about to collapse; and minimal repairs to make dwellings habitable such as minor rool repairs and other waalherproofinwsecurtly measures. These aellons shall receive firs! prlortty In permitting decisions. Long term redevelopment activities shall be postponed until the Recovery Task Force has compleled lis tasks. Policy 10.6 The Recovery Task Force shall propose comprehensive plan amendments which reflect the recommendations in any Interagency hazard mitigation reports or other reports prepared pursuant 10 Section 406 of the Disaster Rellel Acl 01 1974 (PL93-2BB). Policy 10.7 If rebuIlt structures which suffer damage In excess 01 fifty (50) percenl of their appraised value shall be rebull! to meel all CIIfTen! requirements, Including Ihose enacted since conslrucllon of the slructure. Policy 10.8 Structures which suffer recumn9 damage to pilings, foundallons or load-beating walls shall be required 10 rebuild landward of their CIIfTent locallon 10 modily the structure 10 structurally enhance the struclure, Insmule or mltigallon measures or delete the areas mosl prone 10 damage. Policy 10.9 Follol'.ing a natural disaster and prior 10 the Implementallon of long-Ierm development, Ihe Clly shall do the follovAng: Based upon the damage assessment report prepared by the Miami-Dade Public WorKs Departmenl, the City shall consul! I'.ilh lIs Cily Manager, Communily Servlœs Dlreclor, Communily Development DIrector and Building Official and englneer1i to evaluate opllons for ~amaged public facilities Including abandonmenL fepalr In place. relocallon, an~ repair I'oith struclural modificallon, to determine the most strategic approach to long-term development. The evaluation shall Include but no! be IImlled 10 Issues pertaining 10 dOO1age caused by natural disaster, rost to construct repairs, cost 10 relocate, cost to structurally modily, limitations 01 right-Qf-way, and maintenance costs. Policy 10.10 Structures which are da-naged In excess of fifty percent (50%) of !heir cunent replacement value shall be required to be rebulUlo meet ali CIIfTent land development requirements as determined by the CIty Building Official. Policy O. The long-term physical reconslrucllon of the CIIy of Avenlura after a mi!or disaster shall be in conformily I'oith the land use element of the City's Comprehensive Plan and the land use regulations used 10 Implemen!11. Any proposed amendment 10 the Future Land Use Map shall contain an analysis of lis effect on long-term physical reconstruction. Policy 10.12 The City shall utilize the loIlol'oing criterla to distinguish bel'M?en Immediate repair and clean up actions and long-term redevelopment subsaquenl to a nalural disaster. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 59 Potable Water Facilities: Immediale repair shall include: Implementation 01 necessary actions, including but not limiled 10, repairing or replacing waler line and pumping facilities to insure a closed syslem, proper disinfection, and suffident pressure to meet demands for fire ftem and domestic water (for consumption purposes only), the utilization of auxiliary pumps and' etectI1cal geoerators. Long-term redevelopment shall include: Implementation of the necessary actions 10 retum the City's waler dislrlbution systems to atteast Its condition prior to the onset 01 natural disaster. This may Include relocation 01 facilities, retrofiltlng, slonnproofing and ar structural upgrading. Wastewater Facilities: Immediale repair shall include: implemenlation of necessary actions, Including but not limiled 10, repairing or replacing wastewater lines and pumping faallties, utilization of auxiliary pumps and electrical generators, methods to remove and treat raw sewage to avoid discharge of raw sewage into adjacent water bodies and onto land. Long-term redevelopment shall include: Implementation of necessary actions to retum the City's sanitary sewer system to at least II's condition prior 10 the onset of natural disaster. This may include relocation ri facilities, retrofiltlng, stonnproofing and other slructurai upgrading. Drainage Facilities: .mediate repair shall include: Implementation of necessary actions, including but not limiled to, the removal ri sand and debris from drainage struclures, pumping of stormwaters, utilization of temporary electrical generalors, to ensure function ri the syslem to address potential floodIng. Long-term redevelopmenl shall Include Implementation of actions necessary to relum the City's stonnwaler syslem to at least Its condition prior to the onset ri nalural dlsasler. This may Include relocation ri facllilies, retrofiltlng, slonnproofing and other structural upgrading. Roadway Facilities: Immedfate Repafr: Primary actions shall Include, but not be limIted to removal ri sand and debris from US 1 (Blscayne Boulevard) and needed stabilization to altem access for emergency vehicles. Secondary actions shall Include removal of sand and debris from local roadways to facilitate access for emergency vehicles. Long-term redevelopment shall Include coordination with the FIOIida Depa~ment of Community Affairs Division of Emergency Management, Department of Transportation (FDOT), Mlaml.IJade County, and private property owners to accomplish necessary actions to restore the City's roadway syslem (public and private) respectively 10 at least their condition prior to the onset of natural disaster. This may Include relocation ri facilities, relrofiltlng, stormproofing and other structural upgrading. Brldies: Immediate repair shaH Include coordination with the FOOT, federal govemment, and Miami-Dade County 10 ensure the operation of alleast one bridge to facilitate access 10 the City. Long-leon redevelopment shalt include coordination with FOOT to reslore damaged bridges 10 at least their condition prior to the onset of natural disaster. This may Include relocation 01 facIlities, relrofilting, stormproofing and other structural upgrading. Habitable Structures: Immediate repair shall Include removal of debris and vegelatlon; stabilization or removal of structures about 10 collapse and minimal repairs to make dwellings and other slructures habijable, such as minor roofing repair and other wealherproofing/security measures. In these Instances, building poonlts shall not be necessary prior to performing the woóc bul retroactive poonlts shall be required In accordance with the provisions set forth In Ordinance No. 92-99 of Miami-Dade County, Rorida (Exhibit 1). The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 60 1 1 Loog-term redevelopment activities shall Include noonal conslructlon acllvtUes for rebuilding and/or substantial slructural repairs In accordance vJ!h !he South Florida Building Code and other imitations contained vJthln the aty's COO1pl1!henslv8 Plan and Land Devetopment Regulations, Policy 10.13 -' When undertaking posl-disaster redevelopment actlvtUes, development permits may be waived for short term recov8l'( measures such as: eme¡gency repairs to streets, waler, eleclriclty or other utilities to restore service; removal of debris; and public assistance mailers Including temporary shelter or housing, Policy 10. .. Repair and Clean Up, in planning post-dlsaster redevelopmenl activities, factors 10 be considered In order to protect the public heallh and safety shalt Indude: 1. Repairs to potable water, wastewater and power facilities. 2 Removal of debris, 1 Stabilization or removal of structures In a perilous cooditlon. 4. Minimal repairs to make structures habitable. These consld8latioos shall receive first priority In determining the appropriateness 01 emergency building permits. Long-term redevelopment activities shall be postponed unUi the Recov8l'( Task F0!C8 has coordinated immediate repair and clean-up operatIons. Policy 10.15 -i Permlltlng DecIsion Priorities. Immediate recovery aellons needed to protecl!he public health and safety shall teke priority In permitting decisions following humcane or other stoon events or other natural disasters. Such priority actions vJII Include, but not be. limited to; debris removal: roadway and Infrastructure repai~ water use restrictions, If necessary: access restrictions, If required 10 protect lives or properiy, and other similar activities needed to assure the safe movement of people, goods and sup¡Jles within the Impacted area. Loog term repair or recovery actions, such as relocating Infraslructure, rebultding of damaged slruclures and the Itke v.ill be distinguished from the short-term actions herein descrtbed. Policy 10.16 The applicable provisions of the South Florida Building Code relatIng 10 humcane precautIons, Inspections and permll1lng are hereby adopted by reference. Policy 10.17 The City adopts the following (:lHeria relaUng to consideralioo of relocating publtc Infrastructure, cognizant 01 the CIty's geographic limitations and development status: 1. The land upon or under which the Infraslructul1! existed Is gone or raconfigured so \!lat replacement Is nol possible technically or financially as determined by the City Commission. 2. The cosl of repairs or relrofil1lng versus relocatIon cosls. 3. Opporiunilles artsing out of acqulslUOI1 of land by the City or o!her govemmental en~ty. Policy 10.18 Noll'Athstandlng the preceding policies, no regulation, permIttIng procedure or post disaster redevelopment ¡Janning shalt be approved or applied to property, as the case may be, so as to constllule a taking or Inordinately burden an existing use of real property or a vested right to a spedßc use of real property within the meaning of the Bert J Hams, Jr. Private Property Rlghls Protection Act, Chapt81 95-181, L¡r,vs 01 FIOOda, codified as Sedon 70001, FIOOda Statutes. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Pøgø61 Policy 10.19 The Cily recognizes that certain vested development rights may exisl for property within the Cily. The City will consider such claims after pelmon Is made to the City and, after due public hearings. the City Commission may grant approval to the request. The documentation for a claim shalf follow the procedures found In Section 2-114.1, Code of Metropolitan Dade County, Rorida. Policy 10.20 The City shali prepare a local mlUgation strategy In accordance wilh the guidelines provided In the t.ocaI MRigation Strategy: A Guidebook for Florida Cities and Counties and will be used 10 fulfill the requirements of Rule 9J-5.012, FAC. relating to post- disaster planning. repair, and reconslructlon. OBJECTIVE 11 Prot&ct, preserve, and nnllUvely reun hlltoric and archaeologlcallUel. Pollcy!I.1 The City of Avenlura shall establIsh perfonnanca standards for the development and senslUve reuse of historic resources. However. until such time as these standards are adopled the City shall utilize Miami-Dade County's applicable regulations. Policy .2 The CUy shall work with Miami-Dade County 10 ensure that historic structures and archaeological sites are not destroyed unless they are damaged by a hurricane or otherwise rendered beyond reasonable use and repair. OBJECTIVE 12 Shoreline ulel Ihall be prioritized within the City of Avenlurl, giving priority to water-dependent Ules. Policy 12.1 Shoreline uses within Aventura shall be prioritized according to the following orde~ 1. conservation uses; 2. water-<lependent uses; 3. waler-related uses; 4. uses not dependent or related 10 shoreline access. Policy 12.2 Prior to 2001, the City shall conduct a survey of land uses on parcels adjacent 10 marine waters. The survey shall Include the location, acreage and Dnear feet of shoreline for each use. Policy 12.3 The Future Land Use Map shall not be amended v.f1en such amendment would decrease the ratio rl conservation uses to all other shoreline uses. Policy 12.4 Am6l1dments 10 the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water-<lepend6l1t uses ()( reduce the access of water -dependent uses to such properties. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 62 Pollcyf2.5 Amendmeflls to lI1e Future Land Use Plan Map shall not reduce lI1e proportion 01 shoreline properties dedicated to wate¡.¡elated uses or reduce lI1e access of water- related uses to such properties. Polley f 2.6 New multi.f¡rnily resldentiat developmenL contiguous to the shoreline, shall be water dependefll, water re/aled, or al a minimum shall Indude environmentally canpatible shoreline access facilities such as walkways, piers, and viewing areas wllI1landscaplng grouped or spaced for views 01 and from lI1e water. Polley 12.7 WllI1ln lI1e Town Center, shoreline and canal access easemeflts shall be obtained v.I1enever possible and addiUooal sites sought to provide public access for water related acllvilies that are consistent v.1111 the Town Cenler concept. CONSERVATION GOAL To achieve a balanced environmental system that conserves, encourages the thoughtful use, and protection of resources, and natural environmental systems while considering the existing built environment. [9J-5.013(2)(a)] OBJECTIVE 1 The City shall conUnue to meet or exceed minimum air quality standards for recognized air pollutantl. Measure: Number of vldations 01 air quality standards. Polley 1.1 The Clly shall conlinue to support the air quality monllonng and pdlullon control programs 01 the County and State. Polley 1.2 With the cooperation of the State, Counly and regional regulatory authonlies, the Clly shall continue to require pdlutlon conlrol devices on all major pdnt sources of air pdlutlon v.I1lch are located wllI1ln the City. OBJECTIVE 2 The City shall maintain tocalaurface and ground water quality to equal to or beller than existing levels for recognized pollutanta. Measure: Number 01 vldations of water quality standards. Polley 2.1 The City shall continue to partidpate In area yJde wellfield protectloo and regulatory aclivlties 01 Miaml-Dade County. Polley 2.2 The City shall consider developing a procedure to standardize lI1e review d all local users or potential water conf¡rnlnanls by the appropnate County or State regulatory agendes. Polley 2.3 The City shall enforce and, where appropnale, Improve develop11et1t regulations to require all new development, or substantial redevelopmanl to provide on.site retention or detention of at leastlhe firsllnch of rainfall The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 63 Policy 2.4 The City shall OOOfdinale with \he FIOIÎda Department 01 Transportation 10 replace e,lsUng direct discharge drainage ouffalls v.1\h drainage retention ponds, Polley 2.5 The City shall conlinue to support \he water quality regulatory programs of \he State of Flood a, Miaml-Dade County and \he South FIOIÎda Water Managemenl District. Polley 2.6 The City shall promote periodic area-v.1de waterway dean-up programs. Polley 2.7 The Cüy shall consider, In coordlnatlon with Ihe County and other regulatrny agendes, implementing a canal maIntenance dredging program to elimlnale pdluted sediments, to reduce resuspenslon cJ sediments through proper dredging, and 10 improve IIdal flushing. Polley 2.8 The Clly shall coollnue to require sanitary sewer waste disposal as a condition cJ project and pennit approval and water services. Polley 2.9 The City shall conllnue to enforce development regulallons \hat require the channelization of slonnwater run-off through vegetation prior to entering a receiving water body. Polley 2.10 The City shall stay apprised of continued advances In street sweeping technology with regard to feasible and effective mechanisms \0 remove roadway contaminants: In the event \hat the technology emerges, the aty shall consider the individual or shared purchase of the machinery. Polley 2.11 The City shall require sanllary sewer waslewater colledlon as a condilion for the provision of potable water customer services. Polley 2.12 The City shall coordlnale v.1\h appropriale regional and stale waler management agencies to reslrlcl (or ban) \he use cJ phosphale fertilizers. Polley 2. 13 The City shall continue 10 review and where necessary require environmental review and approval of occupational licenses for those businesses calegOlÎZed as US8f$ of potential groundwaler contaminants. OBJECTIVE 3 The City Ihlll, to the maximum extent feallble, protect 111 remllnlng areal of lubltantial native upland Ind wetland vegetation and eliminate und..lrable exotic tree Ipeel... Measure: Number 01 acres d vegetation removed and nol replaced, Number of acres of exotic species removed. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 64 I 1 , Policy 3.1 Cognlz.ant of prio< development approvals 0< other vested rights, the Clly shall require a detailed no<a and fauna survey on any site subject to a development proposal and any size greater than 10 acres In size. Based on survey resulls, mlcro-preserves may be required oriented 10 preservalion of a minimum 25% of all nallve plant ccmmunilles v.I1ich occur on.site, HaWat shall be preserved v.ith Intact canopy, understory and ground cover. -+ ! Policy 3.2 Outright preservation 01 exlsllng, non-exolic trees on any exlsling vegetated slle sh~1 be preferred over 'cui and replace' preservalion techniques. Policy 3.3 The City shall enforce, v.I1ere appropriate, development regutations v.I1ich require sho<eline vegelalion buner slrips, restrict the amounl or localion of slle dearing, maintain natural drainage nows and require the removal 01 on.slle exolic tree species. Policy 3.'1 A buner zone 01 native upland vegelation should be required and maintained around wetiand and deepwater habitats v.I1lch are preserved, restored 0< recrealed on-sileo The buller zone may consist 01 preserved Of planted vegetallon but should Indude canopy, understory and ground cover of nalive species only. Policy 305 -+ While discouraging dear cutllng prior to development, the Clly should cooslder developing a long term program to remove all stands of non-native. exolic vegetation such as Australian Pine, Brazilian Pepper, and Melaleuca trees and replacementl'oith nalive species. Policy 3.6 The City shall require nallve vegetation species 10 salisfy at least 50% of all slle landscaping requirements as a condillon of development or permit approval. OBJECTIVE 4 The City shall, to the maximum extent feasible, preserve natural areas which eerve as habitat for endangered and threatened plant and animal apecles. Measure: Number 01 acres of nalural areas preserved. Policy 'I. t In the event that a slle survey Indicates the exlslence of a representative plant or animal species designated as endangered Of threalened on Fed",al, Stale or Florida Committee on Rare and Endangered Plants and Animal Ilsls, the developer shait prepare a plan In consuitation I'oith Ihe Florida G¡rne and Freshwater Fish Commission and the U.S, Fish and Wildlife Service !Of protecting the resident populallon. Preservation should be provided to the satisfaction of the City In consuitallon I'oith the Federal and Siale agendes. OBJECTIVE 5 To reduce per capita water consumpUon rates by attust 10% through 2005. Measure: Per capita waler coosumption. Policy 5.1 The City shall promote water conservation strategies through the use of educalional brochures and presentallons to students and Int",ested groups The City of Aventura Comprehensive Plan Adopted December, 1998 "The CIty of Excellencs" Page 65 Policy 5.2 Prior 10 2005. the City shall consider funding, either individually or cooperatively, al leasl one xerJscape dOOlons~ation project. Policy 5.3 To promote water conservallon and reduce the offshore nmon of pestIcIdes and fertJizer, the City shall require the augmenled use of xeriscape concepts and naOve ve¡¡elaOon In new developmenls adjaœnllo, or near, shoreline locations as a conditIon of development or pennlt approval. Policy 5.'" In conjunction v.1lh the Miami-Dade Waler and Sewer Departmenl, the City shall explore the feasibility of Installing a Iransmlsslon line from the North Dade Waslewaler Treatment Plant 10 convey recycled wastewater for lnigalloo use al Tumberry Golf Course and Founders Park. OBJECTIVE 6 The City Ihall conllnue to minimize the po!enllal damage from noodlng and the 1011 or local loll resourcel. Measure: Amount of property damage due 10 noodlng. Policy 6.1 The City shall continue 10 coordinate the enfOlCement of minimum finished noar flood elevatIon còleria as IdentIfied by the Federal Emergency ManagOOlent Administration. Policy 6.2 The City shall enfQ(C8 local drainage systOOl requirements as specified in the Drainage sub-element or Ihe Comprehensive Plan. Policy 6.3 The City shall support Ihe flood control policies as provided in the Drainage sub-element of the Comprehensive Plan. Policy 6.'" The City shall support the timely malnlenance of regional drainage systOOl features Including structure repairs and replacemenl and maintenance dredging of drainage canals by the responsible governing agency. Policy 6.5 During site clearing and developmenl preparation slages, the Clly shall require erosloo control fencing, soil moisturizing, seeding, mulching and/or other besl managemenl techniques to be performed by the developer 10 control soil erosion. OBJECTIVE 7 The CIty 01 Aventura shallincr.... public awarenell 01 the pr..ence 01 manatees. Policy 7.1 The City shall use the CIty's newsletter 10 annually remind the public of presence 01 manatees. Policy 7.2 The City shall either obtain or creale an educaltonal pamphlel re¡¡ardlng manatee prolecOon measures. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 88 Polley 7.3 The manatee protection pamphlet shall be distributed by \he Cny's Marine Palmi anytime a boat Is stopped. Polley 7.4 The Manalee Protection Panphlet shan be offered to private marinas v.i\hln the CIty for distribution. OBJECTIVE 8 Secure the provision of potable water In suffIcient quantity 10 meet present and projected needs commlnlurale with reasonable anticipated demand. Polley 8.1 The Clly 01 Aventura has no current or projected wellfields; therefore a wellfield protection ordinance v.ill not be necessary. Polley 8.2 Upon Plan adopUon, In order to comply v.ith polldes 01 the South Florida Water Management Dlslrtct direcled toward conservaUon of potable water supply and to achieve a reductiooln the current rates of water consumption \he follov.ing peñormance standards shall apply: Where non-potable allemative sources of lnigation water are available potable waler supplies may nol be used to meet lnigation needs. The City of Aventura shall encourage the Miami-Dade Water and Sewer Department (WASD) to study the feasibility of using reclaimed water as one melhod of reductng the amounts 01 potable water used for non-potable activities. Require the use of waler-savlng plumbing fixlures in ati new developments. Require Ihe use of water-saving plumbing fixlures when plumbing fixtures are replaced. In order to reduce demand for InigaUon waler (which In turn often places greater demand upon potable waler sources), at least seventy percent (70%) of all landscaping material obtained from off-slle sources (or use on any slle should be naUve plant material adapled to sal and dlmatic condillons existing on the subject sIleo To further reduce waler demand at least fifiy percent (50%) 01 all ~ees used In landscaping shall be naUve species adapled 10 soil and climatic conditions exlsUng on-slle, Polley 8.3 The City 01 Aventura shall continue 10 cooperate v.ith local. reglooal, stale and federal agencies for Ihe management of fresh water resources to maintain adequate fresh water supplies during dry periods and 10, when pracUcable, conserve water. Policy 8.4 The City of Aventura shall continue to cooperale with WASD and \he Soolh Florida Water Management (SFWMD) for the implementation of waler demand management policies and programs. Policy 8.5 The city of Aventura shall continue 10 require canpllanœ ..th all applicable federal, state, regional and county water quality standards. Policy 8.6 The City of Avenlura shall cooperate with WASD and \he SFWMD 10 conserve water resources during emergencies. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" pege87 OBJECTIVE 9 Tho City of Avontura shall conllnuo 10 protoct surface wale,. within the Bllcayne Bay Surface Wlter Improvement and Management (SWIM) area. Policy 9.1 The City ct Avenlura shall continue 10 require thai all permils lor new conslruction meel or exceed the Blscayne Bay SWIM aileria by ensuring thai all permils are approved by the Miami-Dade County Departmenl of Environmental Resources Management prior 10 being Issued Policy 9.2 The City ct Avenlu,a shall conlinue to require that all permits for redevelopment or reconstruction meal or exceed Ihe Blscayne Bay SWIM aitera by ensuring thai all permits are approved by the Mi<rnl-Dade County Department of Environmental Resource Management prior 10 being Issued. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 88 = '" IDa> u t: .. ID C> - .. -11. ID u )( UJ ... 0 :.. - l) II> ..t: ~ C to a. .... C "' II> > "' C II> J:. II> - ..c cu "" "' Co Co E 0 u: lOa> -~ ::s - - ~ c ID II>.Q >E <ID _U 0; >- _"C -ID U- Co 11>0 J:."C 1-< .::: CU >- "' c: 0 c: CU - c: .<:: .... ~ ~"--~~__"_"_m_"- 'f~ ~ -~-- ---~ -r--- ,,' " , -..,u .u, ",,',- ,--' ,- -,- - '~-,~.' '~, ::~:~£.C.::,i.ë::~,:~r~, "";"""".,'"",I.','~"',,,~ """""',"'I~ - 't,.. :"', , ',', '.;¡:~.¡'_;;,i;:r::':¡~.[ '" -, I.!!!" I" ." ':e!.-='e!!=:~.I. .:<~ .: ' . " ;ill!!ËEf:ìl!;~~I~;la;:~: ~;;..', ¡ i. II "i;Ii" ii "~-\I 1tì ." ." " !11l! " Ii ,":'iti ':t;1E.i¡!;;;¡J¡i;~t;~, - " ¡, ;' " :: II "':11 '.':::I,,:::::I~!!,i,!!~ .:¡¡::="-~I!!'æ:::IC'....I :" ':~ )~I#I;1ffil¡il¡!~J,¡~ !!I-fJË5E¡¡ï~;I¡:J:"';-i" :1 J 1\¡¡Ei.¡e! !:¡[if: ,I ;;¡ "'j8E18J11rfi 1If.1I¡.í J J ,~ ~ !;~~):1i';\tl::;;':;":;,,i~-, ""'.Ú", ",,: ..,: ' " ," """ ", "'", ,,':' '" " , , -' '. , ' , ,"" " .. ,,:, . , , " , ' " ' ¡ \,,-. \;,. \ ~\ L~,\ '~',."".,.."".."".""..t,""'¡Q~,.:~~: -'~t."-;"-"~":-""'t. , - .... - -.. r ~ ECONOMIC DEVELOPMENT ELEMENT ECONOMIC DEVElOPMENT GOAL ~ I The City of Aventura shall actively promote and atlempt to maintain or improve the economic vitality of the city, in order to maintain a low municipal property tax rate. OBJECTIVE I By 2000, the City shall IdenUfy ereas for Improvement In the development approval procell. Policy 1.1 The review should consld9f all facels of the development approval process, frOOl the formal appllcalions 10 Idenllfication for targeled businesses and report their finding to the Clly COOlmlssiOfl. Policy 1.2 The development approval process shall be examined 10 Idenllfy opportunities for streamlIning to remove any steps thaI are dupllcalive or candidates for COIlsolidalion. Policy 1.3 The Coolmunlly Development Department should identify emerging development trends such as Crime Prevention Through Environmental Design (CPTED) and new urbanism design techniques for conslderallon for inclusion wilhln the land development code, OBJECTIVE 2 Prior to 2001, the City of Aventura shall convene a meetlng between the City, the Aventura Marketing Council and the recently formed Aventura Chamber 01 Commerce to discuss the preparation 01 e unlned approach to marketing the City and business attraction. Policy 2.1 The attraction of new businesses 10 Avenlura Is a funcllon best delivered through a coordlnaled and cooperative effort developed cognlzanl or others proposed programs. OBJECTIVE 3 By 2001, the City 01 Aventura shall study and review the pouiblilty of creating a Community Redevelopment Agency (CRA). Policy 3.1 The study area for a CRA shall Include some portion, if not all, of the Hospilal area, the Thunder Alley area, and/or the Biscayne Boulevard conidor. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 70 :t>-i o.::r 0 CO "tI -n '" -. 0..< Co ~- "'> 3 < ,,"co '" '" ~ - . c ~~ "", :n 0 3 't ., CD ::r CD '" .. -i ::r '" o, OQ '" '" '" ::¡ 0 ::¡ o, '< '" ~ - c- o, ::¡ "'" < CD ~ .. '" "'i ~ '" n - ;; 0 .... I'T1 '" n 'tJ!. ,,- ce'" CD ::. n """, ~ : - 1\;\ -- IIi I -. ~1- It 'I I' if I Ii I ~ . ill'1 . I 1 i ¡ I f -.ill ~ -11: <C -lli <>L I: ~ ~ j ~ :::J ¡ ~ I \- ._._-_.----~-T-._._._-_.-.----_._---- --- j -1 URBAN DESIGN ELEMENT URBAN DESIGN GOAL .... To further establish and enhance Aventura as a sustainable community with an identifiable aesthetic urban character. OBJECTIVE I Within one year of adoption of the Plan, enact Land Development Regulations Ihallmplemenllhe concept contained In the Urban Design Element. Measure: Adoption of Land Development Regulations thai enact Urban Design Element concepts. .! Policy 1.1 In order to encourage redevelopment, mixed use development will be encouraged wilhln areas targeted for redevetopment. Policy 1.2 The schemalic land use pallems displayed on the study area maps within this Element are IO! reference only and do not depict exact locations or precise land use rallos within the subject areas However, they do represent the CIIy's desire 10 mix land uses within Ihese areas. -1 Policy 1.3 Eliminate obstacles to redevelopment and Inlill development presently lound tn Land Development Regulations. Policy 1.4 During plat and site plan review, transll-ortented design concepts will be considered and encouraged. Policy 1.5 Core commercial areas shall be designed to Indude lush tropical landscaping and for safe and convenlent;acœss by all modes of transportation, Including bus service, blcycies and pedestrtans. Policy 1.6 Small parks (less than 5 acres) are encouraged Ihroughout the City to provide auto free zones for residents and needed visual breaks of green within Avenlura's urban Iramework. Policy 1.7 The location of parking, curb cuts, walkways, bike lanes, sign age, lighting, and landscape Irealments shall be coordinated 10 provide maximum user safety, while Improving the comprehensive aesthetic appearance of Avenlnra. Policy 1.8 The City of Avenlurs shall encourage the proper placemenl of public and private utililies underground within the right of way or easements. Policy 1.9 The design of slruclured parking, within mixed use development, Is encouraged to Indude opportunities for retail or office uses at the slreet level. The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 72 Policy 1.10 The design and placement of public buildings should follow the urban design concepts of pulling the building dose 10 the fronl property line and placing parking atlhe rear of the sile with ample shade and landscape treatments. Policy 1.1 1 To assist private developers, the Cily shalt prepare roadway edge treatment guidelines that describe and illustrate proper ptanning and design for right of way and private property frontage. Policy 1.12 The Cily shalt embark on a process of mapping and dassification of environmental resources that exist within the Cily, to ascertain the need for conservalion or preservalion, The City of Aventura Comprehensive Plan Adopted December, 1998 "The City of Excellence" Page 73 -.,'" u'" t: " '" '" - to ';"- u >< LU ..... Q .= (J '" .t: I- c: "' c.. Co '" u c: 0 U - u ... - '" >- '" c: ca c.. 0 c: '" U .. > II> C .. ..c II> .. Co E Q u'" '" ca'" ..~ « ... '" "=' c: ::J ..c: ¡- ..... ... '" '" ... ::> ... u.. ::I - -.. C a> 1I>.c > E eta> _° Q~ >- _'C -a> u- C- .. 0 ..c'C ~et c: :t 0 ¡- - .... - .... .... = .... ..... - ~ """ - .... - ~ .... ..... - = -= - - ~ .... = .... ...... = ;II: .... - - ... ..... - .... ~- -"-\ / \ r-, -~ ::;-¡---~¡ ------- J ' 'U I,¡ I::: q¡ .... .... 'U I,¡ ~ I.¡,¡ ..... 1:3 ( I \ I I i :.... .... '... \,,¡ 'U -t:: ~ \--~ f c C 01 II.. 41 > III C 41 .c 41 ~ c. E 0 1.1 01 ~ ::J ... C 41 : > ... <- -~ 0 E >- ~ ... .. -- c 1.1;: 41 'ií. .c~ ....'" --- --- ---~-T--- --- --- "0,'" u"" t: G> G>'" -co ";n. u .. IJJ ... c ~ - u G> .c I- C III c "' 0... Q. G> > c. ... V C 0 U ... ... ::I .. ..... ., C G> .= CD .. Co E c u: III'" .. - ::I - .... c.. CD'" >E <.. _u c~ >- .."10 - .. u- Q. CDO '="10 1-« ... V ... ... - Q ... ... c. - 0 :J: N - ... .... - .... ..... = - '-" - ~ - ""'" .... ... = ..... - - - t¡¡ 1,0 r::: t¡¡ .... .... t¡¡ '" ~ I.I,, .... ~ ~ .... '... ~ t¡¡ ..c: ..... ~ I:..J-,c':~ --~c_~~~ . ---.-- - --_.---- - ¡.Ue:" C 01 1:1. ,-- - . ~ "'~~~~i~~""%<'MJ .~. ![~ml~L~l[lr~ Ili~F'l.TF'- íI..-.I_~ I:I'-,-,-l.~~., '.eJ.cIJ.=:' - \II¡.\...T'I:rT\T""ië~ I \ LL_- J. J..,J.i=-j -I ili~M~~l~~¡l~T~~~= I ' III > 1ft C III .::: III ~ 0. E 0 U 01 ~ ::s ... c III ., > ::: cz:- 'ë~ >-~ .-:: ~ U-a III ~ .::: 0 I-~ 0 ~ '" g " ; I. . ,I -' :; : i J Page 3 21 22 23 24 -- --- 1 2 Thereupon: 3 DANNE CARR 4 being by the undersigned Notary Public first duly 5 sworn, was exammed and testified as follows: 6 TIIE WITNE$: I do. 7 DIRECT EXAMINATION 8 BY MR. CARRIUOLO: 9 Q. Wæld you please state your full name. 10 A. Joanne Carr. n Q. Ms. Carr, have you ever had your deposition 12 taken before? 13 A. N<\ I baven~. 14 Q. Just generally, I'll be asking you some 15 questions and asking you to answer them. If for some 16 reason my questions are not clear, you please let me 17 know and m be happy to rephrase them or clarify them 18 as much as I can, okay. 19 A. Yes. 20 Q. AI,." if you could, you're doing fine so far, 21 if you can answer audibly as you are as opposed to 22 noddings or uh-huhs because they don~ come out very 23 clearly on the record, okay. 24 A. I mderstand. 25 Q. Wlnt is your current position with the City m.OCEEDINGS IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR M !AMI-DADE COUNTY, FLORIDA 2 GENERAL JURISDICfION DIVISION 3 CASE NO., 03-14305 CA 27 4 A VENTURA-ENSENADA, INC, 5 PI_intiff, 6 YO. 7 CITY OF A VENTURA FLORIDA, - Florid- 8 municipal ,orpm,tion, 9 Defendant. 10 II 12 13 T,k'n befm' N_talie R. V_Ideo;, Certifi,d Court 14 Report" and Notary Publioin and fo,the State of 15 Flo,ida .1 Uu-8" pun;uant 10 notire of taking 16 depo,ition filed in the abov, ,"use. 17 - ---- 18 Wedneo;day, DeremIi" 3, 2003 B"g" Singermaa 19 200 South Bi"-yn, Boul'v"d Sui" 1000 20 Miami, Flodda 10,00 a.m. - 12,50 p.m. DEPOSITION OF JOANNE CARR 25 ESQillRE DEPOSITION SERVICES (305)651-0706 Page 2 Page 4 I APPEARANCES: 2 On behalf of the Plaintiff: 3 BERGER SINGERMAN 350 East Las OIas Boulevard Suite 1000 Fort Lauderdale, Florida 33301 BY: ANTIIONY CARRIUOLO, ESQ. -and- 6 SAMUEL E. POOLE, lII, ESQ. 7 Ou behalf of the Defendant: 8 WEISSSEROTAHELFMANPASTORIZA 3107 Stirling Road Fort Lauderdale, Florida 33312 BY: HARRIET R. LEWIS, ESQ. -- 1 of Aventura, Florida? 2 A. I am the planning director. 3 Q. How long have you held that particular title? 4 A. Since October of 2002. 5 Q. And prior to that, what was your title, if 6 any? 7 A. Senior planner. 8 Q. How long did you hold that title? 9 A. One year. 10 Q. How long have you been with the City of 11 Aventura as an employee in total? 12 A. March of 1999. 13 Q. And so between '99 and approximately 2001, 14 how were you employed? 15 A. In March of '99 as the executive assistant to 16 the community development director and subsequently as 17 planner. 18 Q. And then you achieved senior planner and so 19 forth? 20 A. Yes. 21 Q. Was Brenda Kelly the community development 22 director at the time you were hired? 23 A. Yes, she was. 24 Q. When did she leave the city, approximately? 25 A. Approximately spring of 2002. 4 5 9 10 11 - - - 12 INDEX 13 Direct Cross Redirect Recross 14 WITNESS: 15 JOANNE CARR 16 BY MR. CARRIUOLO 3 17 BY MS. LEWIS 18 EXHIBITS 19 NUMBER 20 Plaintiff's Exhibit Number I 21 Plaintiff's Exhibit Number 2 22 Plaintiff's Exhibit Number 3 23 Plaintiff's Exhibit Number 4 24 Plaintiff's Exhibit Number 5 25 PAGE 39 61 96 105 I (pages 1 to 4) Esquire Deposition Services - (305)371-2713 Page 5 Page 7 1 Q. Was there an interim planning director? 1 A. As far as I understand. 2 A. I was, yes. 2 Q. And you are now planning director. Is tbere 3 Q. You were interim and then made -- 3 any material difference between what the planning 4 A. Yes. 4 director does now and what the community development 5 Q. -- formally planning director in October of 5 director did before spring of '02? 6 '02? 6 A. Yes. 7 A. That's correct. 7 Q. Tell me the differences, if you would. 8 Q. And I apologize, allow me please to finish 8 A. Before October of 2002, the community 9 the question fully and I will try also not to interrupt 9 development director had, her responsibilities included 10 your answer, okay. 10 planning, zoning, building department, and code 11 Do you know where Ms. Kelly is currently in 11 enforcement. 12 terms of employment? 12 Q. And just so I'm clear, between the spring of 13 A. Yes. 13 '02 and October of '02, were you the interim community 14 Q. Where is she working? 14 development director? 15 A. CRA Fort Lauderdale. 15 A. No. 16 Q. What is the CRA? 16 Q. All right. Was there any interim community 17 A. Community Redevelopment Agency. 17 development director in that time? 18 Q. If she left in the spring of '02 from the 18 A. No. 19 city, is it your understanding that she went directly 19 Q. Is there a community development director 20 to the CRA in Fort Lauderdale? 20 now? 21 A. That's my understanding. 21 A. No. 22 Q. When is the last time you spoke with 22 Q. What is the difference now between what you 23 Ms. Kelly? 23 just described of the community development director's 24 A. Last weekend. 24 prior dutks and your current duties as planning 25 Q. Have you spoken at all with Ms. Kelly about 25 director? Page 6 Page 8 1 this litigation at all? 1 A. My current duties include planning and 2 A. No 2 zoning. 3 Q. ITIor to the litigation that we're here today 3 Q. TInt's it? 4 or prior to it be being commenced, did you have any 4 A. Yes. 5 discussions with Ms. Kelly after she bad left the city 5 Q. WID now oversees the building and code 6 about the issues involving Aventura-Ensenada Inc.? 6 enforcement function? 7 Ms. LEWIS: Object to the form. 7 A. Tœ building official director. 8 MRCARRIUOLO: Yœ can answer. Go ahead. 8 Q. Ho.v about code enforcement? 9 Ms. LEWIS: Yon can answer it, if you can. 9 A. BIDding official director. 10 BY MR CARRIUOLO: 10 Q. As planning director, wbat is your 11 Q. Do you understand my question? 11 understanding of your authority to make planning and 12 A. If )Ou'd repeat. 12 zoning decisions effecting pieces of property in the 13 Q. I'dbe happy to. Between the time that Ms. 13 city? 14 Kelly left the city up until the time that you were 14 A. My responsibility is to review any land use 15 aware that this litigation was actually commenced, did 15 and zoning applications and to prepare staff reports, 16 you bave any discussions with Ms. Kelly about 16 evaluating those applications using the criteria of the 17 Aventura-Ensenada, Inc. and the property that's in 17 city code. 18 litigation right now? 18 Q. Do you bave any decision-making authority 19 A. No 19 with regard to any of those planning and zoning matters 20 Q. Okay. Do you know why Ms. Kelly left the 20 tbat would come before you? 21 city or the terms or circumstances under which she 21 A. I mà<e recommendations. 22 left? 22 Q. Towhom? 23 A. Togo to the new job, as far as I understand. 23 A. Tœ city commission. 24 Q. Do you know if she left for more money or was 24 Q. Are you familiar with George Berlin Park? 25 it amicable that she left the city? 25 A. Yes. 2 (pages 5 to 8) Esquire Deposition Services - (305)371-2713 Page 9 Page 11 1 Q. Whore is George Berlin Park located? 1 A. I Inve not. 2 A. It is at the comer of North Country Club 2 Q. Just driven by? 3 Drive and Northeast 34th Avenue. 3 A. TInt's right. 4 Q. I tàœ it you're a resident ofthe city? 4 Q. Tell me what you recall seeing during the 5 A. Yes, I am. 5 observations that you've had. 6 Q. Prior to becoming an employee of the city in 6 MS LEWIS: Ol1ect to the form. 7 March of '99, were you also a resident? 7 TIIE WITNE$: Grass, trees, open space. 8 A. Nq I wasn't. 8 BY MR. CARRIUOLO: 9 Q. Wœre did you move from? 9 Q. AnI the big George Berlin Park sign at the 10 A. Davie. 10 front? 11 Q. Whon did you first learn of George Berlin 11 A. Tœre is a sign. 12 Park? 12 Q. Do you know when that was put there? 13 A. I dm't understand that question. 13 A. I ill not. 14 Q. Bcl'ore you became a city employee with the 14 Q. Do you know who put it there? 15 City of A ventura, had you heard of George Berlin Park? 15 A. I ill not. 16 A. No 16 Q. Have you ever met George Berlin? 17 Q. Whon after you joined the city did you first 17 A. Yes. 18 learn of George Berlin Park? 18 Q. Wœn is the last time you've met or spoken to 19 MS LEWIS: Ol1ect to the form. 19 Mr. Berlin? 20 TIIE WITNE$: I don't recall. 20 A. At arecent presentation that the city gave 21 BY MR. CARRIUOLO: 21 at the Turnberry Isle Resort for the Aventura Marketing 22 Q. Ho.v did you come to know that George Berlin 22 Council, he was there. That was November, 23 Park was located at the cross section that you just 23 mid-November. 24 described for us? 24 Q. Of tlis year? 25 A. Asa result of these proceedings. 25 A. Yes. Page 10 Page 12 1 Q. AnI when you say proceedings, are you talking 1 Q. Was Mr. Berlin part ofthe presentation or 2 about the litigation, the actual lawsuit or -- is that 2 was he just an attendee? 3 what you're talking about? 3 A. An attendee. 4 A. Yes. 4 Q. Did you know Mr. Berlin before then? 5 Q. Okay. Did you know of George Berlin Park -- 5 A. Yes. 6 Well, strike that. 6 Q. How did you fIrSt know of or meet Mr. Berlin? 7 Yœ know Mr. Poole who is sitting next to me, 7 A. In meetings where he would be representing 8 correct? 8 his employer. 9 A. Yes,Ido. 9 Q. Who is his employer? 10 Q. Prior to the litigation that we're here for 10 A. Turnberry Associates. 11 today, you met with Mr. Poole regarding the same piece 11 Q. Is Turnberry Associates a private landowner 12 of property that's known as George Berlin Park, 12 within the city? 13 correct? 13 A. Yes. 14 A. Yes. 14 Q. What kind of -- What do they do, develop 15 Q. S::> in the context of before the litigation 15 property? 16 was filed, I'm just trying to get an understanding of 16 MS. LEWIS: °l1ect to the form. 17 when you first learned of or heard of George Berlin 17 BY MR. CARRIUOLO: 18 Park? 18 Q. Do you know if they develop property? 19 A. I can't give you an exact date. 19 A. Yes. 20 Q. 011 you describe -- Well, strike that. 20 Q. What kind of properties are you aware of that 21 Have you been to the George Berlin Park 21 Turnberry Associates has developed in the City of 22 physically? 22 Aventura? 23 A. I Inve seen it. 23 A. I believe they have developed The Aventura 24 Q. Have you ever actually set foot on the 24 Mall, a new rental high-rise on West Country Club Drive 25 property? 25 called Turnberry on the Green. 3 (pages 9 to 12) Esquire Deposition Services - (305)371-2713 Page 13 Page 15 1 Q. Tumberry an the Green? 1 with that entity? 2 A. Yes. 2 A. No. 3 Q. Okay. Anything else that yau recallect at 3 Q. Yæ mentianed the, I think the Aventura 4 this mament? 4 marketing meeting ar presentatian last month in which 5 A. Na,na. 5 yau saw Mr. Berlin. Did yau speak with him abaut any 6 Q. When yau say high-rise, can yau give me an 6 af these issues then? 7 idea af the height af that rental property? 7 A. No. 8 A. Twenty-six staries, perhaps. 8 Q. AnI ather than the communicatian that yau had 9 Q. Have yau ever asked Mr. Berlin haw it came to. 9 with him, I believe after yau spake to. Mr. Poole tbat 10 be that this parcel that we're talking abaut in this 10 yau dan~ recall the substance af it right naw, any 11 litigatian became knawn as Gearge Berlin Park? 11 other meetings ar conversatians at all with Mr. Berlin 12 A. I do. recall discussing the matter at ane time 12 abaut this problem tbat yau can recollect? 13 with Mr. Berlin, nat in a farmal meeting but just as a 13 Ms. LEWIS: Object to. the farm. 14 matter subsequent to. a meeting. I dan't recall the 14 THE WITNE$: Nat that I can recall. 15 substance afthe canversatian. 15 BY MR. CARRIUOLO: 16 Q. Did yau have that discussian, the substance 16 Q. WŒn was The Aventura Mall -- Strike that. 17 afwhich yau dan~ recall, befare ar after when yau 17 Tœ Aventura Mall was built lang befare yau 18 first met with Mr. Paale cancerning the parcel? 18 became emplayed by the city, correct? 19 A. It wauld have been after. 19 A. Yes. 20 Q. So. yau're aware that it was a, far lack af a 20 Q. Wlnt abaut the high-rise rental tbat 21 better term, an issue ar a questian? 21 Turnberry Assaciates completed, the 26 staries. Were 22 MS. LEWIS: Object to. the farm. 22 yau part af tbat develapment pracess? 23 BY MR. CARRIUOLO: 23 A. Yes. 24 Q. Let me ask yau tbis. At the time that yau 24 Q. Is that cvmpleted to. this day? 25 had this discussian with Mr. Berlin, yau knew that the 25 A. Yes. Page 14 Page 16 1 park nature af the parcel was at issue. Is that fair? 1 Q. I asked a very broad questian. Is the actual 2 A. I knew that Mr. Paale had come to. the city 2 canstructian af that project campleted? 3 requesting infarmatian an the parcel. 3 A. Yes. 4 Q. Okay. Did yau ask questians af Mr. Berlin to. 4 Q. And what role, generally, did yau have in the 5 find aut fram him haw it became George Berlin Park? 5 develapmental stages af that praperty? 6 A. I did nat. 6 A. Reviewing the site plan applicatian. 7 Q. Did he valunteer it, to. yaur recollectian? 7 Q. And yaur pasitian at the time was what? 8 A. Yes. 8 A. I dan't knaw whether it was interim director 9 Q. And just to. clase aut tbis particular aspect 9 ar directar. I dan~ recall the date af approval af 10 af the questianing, yau dan't recall any substance as 10 that. 11 to. what Mr. Berlin tald yau, far instance, that he 11 Q. Okay. 12 danated it himself ar anything af that nature? 12 A. Develapment. 13 A. Just that it was a private park. 13 Q. Well, as I understand it, yau became the 14 Q. A private park? 14 interim directar in ar abaut the spring af last year, 15 A. Yes. 15 carrect? 16 Q. Did Mr. Berlin ever indicate to. yau who. he 16 A. Yes. 17 believed awned this private park? 17 Q. Okay. So. just so. I'm clear, the project, the 18 A. Yes. 18 Turnberry Assaciates project went from site plan review 19 Q. What did Mr. Berlin tell yau abaut that? 19 and approval as late as the spring af '02 to. campletian 20 A. A company or carparatian in New Yark is all I 20 taday? 21 recall. 21 A. I dan~ recall when the review process 22 Q. Did he indicate haw he knew af that fact? 22 started. It is campleted. 23 A. No.. 23 Q. Maybe I'm misunderstanding. Is the review 24 Q. Did he indicate during this canversatian 24 process campleted? 25 yau're talking abaut that he was in any way affiliated 25 A. Yes. 4 (Pages 13 to 16) Esquire Depositian Services - (305)371-2713 Page 17 Page 19 1 Q. Is the construction itself completed, to your 1 A. Brenda Kelly. 2 knowledge? 2 Q. Anyone else to your recollection? 3 A. Yes. 3 A. No. 4 Q. It is? 4 Q. You're, of course, familiar with David 5 A. Yes. 5 Wolpin, the City Attorney? 6 Q. Other than Mr. Berlin's role with Tumberry 6 A. Yes, I am. 7 Associates and other than the marketing meeting that 7 Q. At any time at which you've bad an 8 you mentioned last month at which you saw him, any 8 opportunity to observe the physical condition of the 9 other scenarios in which you see him? 9 George Berlin Park, did you ever notice a bench there? 10 MS. LEWIS: Object to the form. 10 A. Yes. 11 THE WITNESS: He regularly attends city 11 Q. Do you know if it's still there? 12 commission meetings. 12 A. I don't. 13 BY MR. CARRIUOLO: 13 Q. When is the last time you physically observed 14 Q. As do you, I take it? 14 that park, a week ago, a month ago? 15 A. Uh-huh, yes. 15 A. A week ago. 16 MS. LEWIS: You have to say yes or no. 16 Q. Have you conducted any observations or site 17 MR. CARRlUOLO: She did, it's just is very 17 visits at the park in relation to this litigation? 18 light. She's the most important person actually, 18 A. No. 19 so make sure she can hear you. 19 Q. Do you happen to pass it by everyday? 20 BY MR. CARRIUOLO: 20 A. Yes. 21 Q. And Eric Soroka is still the city manager of 21 Q. As part of your going back and forth to work? 22 the city? 22 A. Part of going back and forth to the post 23 A. Yes. 23 office mainly. 24 Q. Who is Teresa Soroka? 24 Q. Really. When you did observe or have the 25 A. City clerk. 25 occasion to physically observe what was physically at Page 18 Page 20 1 Q. Is there a relationship between the two? 1 that park, did you see a garbage can, a trash 2 A. Hu;band and wife. 2 receptacle, if you recall? 3 Q. Doyou know how long Mr. Soroka has been the 3 A. I oon't recall. 4 city manager of the City of Aventura? 4 Q. Yru're aware, maybe you've seen pictures of a 5 A. Since incorporation. 5 kind of like a dog waste receptacle I'll call it. Do 6 Q. Wlich was 19-what? 6 you know what I'm talking about? 7 A. '95. 7 A. Yæ. 8 Q. '95, tbank you. And how long, to your 8 Q. Have you seen that physically at the time 9 recollection and knowledge, has Mrs. Soroka been the 9 that you were going by the property? Have you ever 10 City Clerk? 10 noticed that? 11 A. I oon't know. 11 A. I œven't noticed it. 12 Q. AnI you understand that prior to 1999, July 12 Q. Wcll, you saw photographs that we have 13 of '99, zoning classifications within the City of 13 provided of it? 14 Aventura were governed by the Dade County Code? 14 A. No. 15 A. Yæ. 15 Q. Do you know if one is there? 16 Q. Nav if I have it correctly, you joined the 16 A. No. 17 city just a few months before the city adopted the 1999 17 Q. Y ru don't, okay. And I believe you testified 18 land development regulations, correct? 18 you don't know who pnt the sign George Berlin Park on 19 A. Yæ. 19 it? 20 Q. Did you have any role in promulgating drafts 20 A. TInt's right. 21 or the final version of that document? 21 Q. Okay. Have you ever had any discussions with 22 A. No. 22 anyone at the county regarding George Berlin Park? 23 Q. Do you know wbo did at the city? 23 A. No. 24 A. Yes. 24 Q. Yru're aware there's a flag pole with an 25 Q. WID would that have been? 25 American flag at the property at the park? 5 (Pages 17 to 20) Esquire Depositiou Services - (305)371-2713 Page 21 Page 23 1 A. Aglin, I haven't noticed. 1 A. Yes. 2 Q. Doyou know who cuts the grass there? 2 MS. LEWIS: Object to the fonn. 3 A. No 3 BY MR. CARRIUOLO: 4 Q. Do you know who maintains the property that 4 Q. Are you familiar with Founders Park? 5 is the park in any way? 5 A. Yes. 6 A. No 6 Q. Where is that located? 7 Q. Do you know who pays the taxes on it? 7 A. On West Country Club Drive and Northeast 8 A. No 8 19Oth Street. 9 Q. As planning director, are you generally 9 Q. Is it your recollection that that also was a 10 familiar with the zoning classifications applicable to 10 CF designated property? 11 the various parcels throughout the city? 11 A. I'm not sure. 12 A. Yo,;. 12 Q. Not sure, okay. Founder Park, though, is a 13 Q. AnI what is the zoning classification 13 publicly owned parcel? 14 currently effecting or governing the George Berlin Park 14 A. Yes. 15 parcel? 15 Q. The city owns it? 16 A. Tothe best of my knowledge, it's a community 16 A. Yes. 17 facility. 17 Q. Prior to the litigation being filed and as a 18 Q. Hav many parcels other than George Berlin 18 function of your communication with Mr. Poole, for 19 Park have that designation within the city, to your 19 instance, did you learn of what use the plaintiff 20 knowledge, as of tbis day? 20 desired to put the parcel that is known as George 21 A. Mybest estimate would be three. 21 Berlin Park? 22 Q. AnI what are the other three properties? You 22 MS. LEWIS: Object to the fonn. 23 can give us either addresses or general locations that 23 THE WITNESS: I don't understand your 24 have this that CF designation as well? 24 question. 25 A. Ncrtheast 188 Street, Northeast 30th Avenue, 25 Page 22 Page 24 1 and of course tbis. 1 BY MR. CARRIUOLO: 2 Q. And the park itself! 2 Q. Do you know what my client wants to do with 3 A. Yes. 3 the property known as George Berlin Park? 4 Q. What is at Northeast 188 Street that has the 4 MS. LEWIS: Object to the form. 5 CF designation? 5 THE WITNESS: I don't recall. 6 A. The city's community recreation center. 6 BY MR. CARRIUOLO: 7 Q. That's a public facility? 7 Q. Do you recall any discussions with Mr. Poole 8 A. Yes. 8 in which it was indicated that my client wanted to 9 Q. Does the city own the property underneath it? 9 place a residential tower, I presume very much like the 10 A. Yes. 10 Tumberry Associates project on the parcel that we've 11 Q. Does it have basketball courts and tbings of 11 been referring to as George Berlin Park? 12 that nature? 12 A. I cannot recall our exact conversation, but I 13 A. Indoor. 13 believe it may be residential that was discussed. 14 Q. Indoor, okay. What's at Northeast 30th 14 Q. If indeed my client indicated a desire to 15 Avenue that has the CF designation? 15 erect a residential tower much like the Tumberry 16 A. The Aventura Turnberry Jewish Center. 16 Associates project on the parcel that's commonly known 17 Q. Is that privately owned property? 17 as George Berlin park, would it be able to do so under 18 A. Yes. 18 the current CF designation? 19 Q. Do you know how -- Is there, I take it, a 19 MS. LEWIS: Object to the form. 20 synagogne there? 20 THE WITNESS: No. 21 A. Yes. 21 BY MR. CARRlUOLO: 22 Q. Do you know how long it's been there? 22 Q. Why not? 23 A. I don't. 23 A. It's not a permitted use. 24 Q. Do you believe well before you became 24 Q. In fact, it's a prohibited use, isn~ it? 25 associated with the city? 25 A. Yes, it is. 6 (Pages 21 to 24) Esquire Deposition Services - (305)371-2713 Page 25 Page 27 1 Q. AnI what would be required procedurally at 1 Q. OtlEr than lack of personal knowledge, have 2 the city level to change that so that a residential nse 2 you learned as a result of being the planning director 3 would be permitted as I've jnst discussed? 3 at the city of how that came to be? 4 A. An application to amend the official zoning 4 A. Yffi. 5 map, a rezoning? 5 Q. Tdl me what you know. 6 Q. AnI that's something that the city commission 6 Ms. LEWIS: At this time, I'm going to 7 would be required to review and approve, would it not? 7 imtruct you not to discuss any information that 8 A. Yffi. 8 you've learned from me directly or discussions 9 Q. It wæld be part of the legislative function 9 with the city's attorney in this litigation. You 10 to do so? 10 can provide any other information but that on the 11 Ms. LEWIS: Object to the form. 11 grounds that it's attorney-client privileged 12 THE WITNE$: Yes. 12 information. 13 BY MR. CARRIUOLO: 13 MR. CARRIUOLO: Withthat instruction, if you 14 Q. OtlEr than Brenda Kelly, do you know of any 14 could answer the question. 15 person who is still currently with the city that was 15 THE WITNE$: Could you repeat the question. 16 involved in any way with the 1999 ordinances which 16 BY MR. CARRIUOLO: 17 created the city's land development regulations? 17 Q. I'm ju;t trying to find out the basis of what 18 A. I d)U~ understand your question. 18 knowledge you have as to why the CF designation was 19 Q. Myunderstanding from your testimony is that 19 applied to the George Berlin Park parcel that we're 20 you were not involved in the promulgation any of the 20 talking about. And with the instruction that Harriet 21 drafts or the final version of the LOR that were 21 has given you, if you can~ divulge information because 22 adopted by the city in July of '99; is that correct? 22 it falls within the privileged communications that 23 A. Tblt's correct. 23 Harriet has discussed, please tell me that. If there 24 Q. Okay. And I understand Brenda Kelly was, but 24 is information relevant to the answer that you can 25 she's no longer with the city, correct? 25 discuss given the instruction, tell me that Page 26 Page 28 1 A. Yes. 1 information. And I probably totally confused you. 2 Q. Other than the two -- Well, other than you 2 A. Yes. 3 and Ms. Kelly -- Strike that. 3 Q. Let me restate it again. Tell me what you 4 Other than Ms. Kelly, was there anybody else 4 know as to the reasons why the CF designation was 5 to your knowledge at the city in July 1999 that was 5 applied to this parcel, the George Berlin Park? 6 involved with the LOR adoption process that's still 6 A. I have no personal knowledge. 7 with the city? 7 Q. Okay. I understand that, and notwithstanding 8 MS. LEWIS: Object to the form. 8 that as planning director, I believe you said that you 9 THE WITNESS: The city commission, of course. 9 did come to learn of why, correct? 10 BY MR. CARRIUOLO: 10 A. From sources other than my own knowledge. 11 Q. Okay. 11 Q. Sure. And those sources of information I'd 12 A. The city manager, the city clerk. 12 like to learn about now. That's the person purpose of 13 Q. Which commissioners? I'm not personally with 13 my pending question. 14 them. Which commissioners do you recall were elected 14 MS. LEWIS: And you can't disclose anything 15 to the commission as of July of '99 and are still 15 I've told you. 16 there? 16 MR. CARRIUOLO: Correct. So if there's -- 17 A. Commissioner Holzberg, Commissioner Cohen, 17 MS. LEWIS: If that leaves you with nothing, 18 Commissioner Beskin, Mayor Purtle. (phonetic.) 18 then that's your answer. 19 Q. That's it? 19 MR. CARRIUOLO: Exactly. If the only, for 20 A. I think that's it. 20 instance, if the only basis of your knowledge as 21 Q. Do you have any knowledge as to how the 21 to why this CF designation was applied to this 22 parcel that we're speaking of, that is the George 22 parcel is based on information that Ms. Lewis 23 Berlin Park parcel, was given the CF designation under 23 provided to you, or for that matter anyone from 24 the 1999 LDRs? 24 her office, just tell me that if that's true. 25 A. Personally, no. 25 THE WITNESS: That's true. 7 (Pages 25 to 28) Esquire Deposition Services - (305)371-2713 Page 29 Page 31 1 BY MR. CARRIUOLO: 1 occurred and if you want give me a span of time, that's 2 Q. Have you ever had any discussions with Eric 2 fine too. 3 Soroka about the CF designation on this parcel? 3 A. It would have been since the time of my 4 A. I'll ask your specific question, no. 4 employment to when she left. 5 Q. Have you had any discussion with Mr. Soroka 5 Q. I think you clarified that you haven~ had 6 about the parcel at all since the first time you met 6 any discussions with Ms. Kelly regarding this parcel 7 with Mr. Poole, for instance? 7 since she left, correct, the city? 8 A. Yes, the meeting with Mr. Poole was with 8 A. That's correct. 9 myself and the city manager. 9 Q. What was the nature of the conversations you 10 Q. Do you recall the approximate time frame in 10 had with Ms. Kelly while both of you were with the City 11 which you had that meeting with Mr. Soroka and 11 of Aventura concerning this parcel? 12 Mr. Poole? 12 A. Mr. Poole's request following his meeting. 13 A. I ill not. 13 Q. What was Mr. Poole's request? 14 Q. Doyou know what year it was? 14 A. To develop the property. 15 A. No 15 Q. In a residential fashion we talked about, 16 Q. Ol<ay. Subsequent to that meeting that you've 16 yes? 17 just referred to, have you had any further discussions 17 A. Yes. 18 with Mr. Soroka about the George Berlin Park parcel at 18 Q. I just want to make sure that she can hear 19 all? 19 you, great. What discussions did you have regarding 20 A. Yes. 20 that with Ms. Kelly after that meeting with Mr. Poole? 21 Q. Tàl me the substance of your conversations 21 A. What would be required under the code to 22 you had with Mr. Soroka on that. 22 develcp as requested. 23 A. I illn't recall specific conversations other 23 Q. And that would have, I assume the answer to 24 than general conversations. 24 that was a application to rezone the property? 25 Q. Have you had any discussions with Teresa 25 A. Yes. Page 30 Page 32 1 Soroka about this parcel at all? 1 Q. Wlich required city commission approval? 2 A. No. 2 A. Yes. 3 Q. How about Commissioner Holzberg, have you had 3 Q. Do you know whose idea it was to apply a CF 4 any discussions with Commissioner Holzberg at all about 4 designation to the parcel we're speaking of? 5 this parcel? 5 A. No 6 A. No. 6 Q. Ms Kelly never indicated since she 7 Q. Any conversations regarding this parcel with 7 promulgated the LDRs why -- Well, strike that. 8 Commissioner Cohen? 8 In addition to the LDRs, there was an actual 9 A. No. 9 zoning map approved by Ordinance 99-10, correct? 10 Q. Any conversations regarding this parcel with 10 A. Yes. 11 Commissioner Beskin? 11 Q. AnI it is that zoning map that one could look 12 A. No. 12 at and see if the CF designation was applied to the 13 Q. Any conversations regarding this parcel with 13 parcel we're speaking of, correct? 14 Mayor Purtle? 14 A. Yes. 15 A. No. 15 Q. AnI do you know who made that decision; that 16 Q. And I believe you testified earlier that you 16 is, that that zoning map would have a CF designation on 17 haven~ had any discussions with Brenda Kelly about the 17 that particular parcel? 18 parcel; is that correct? 18 A. NCI I don't. 19 A. In response to your question since the 19 Q. AnI you never had any discussion with 20 inception of this action, my answer was no. 20 Ms. Kelly about that? 21 Q. Great. I appreciate the clarification. 111 21 Ms. LEWIS: Object to the form. 22 go back. Have you discussed at any time this parcel 22 THE WITNE$: I recall one conversation. 23 with Ms. Kelly? 23 BY MR. CARRIUOLO: 24 A. Yes. 24 Q. WiIlt do you recall about it? 25 Q. Okay. And tell me when those conversations 25 A. It was a park. 8 (pages 29 to 32) Esquire Deposition Services - (305)371-2713 Page 33 Page 35 1 Q. It was a park when? 1 BY MR. CARRIUOLO: 2 A. It was a park before, so it was designated, 2 Q. Was there something in particular you were 3 it was zoned a park. 3 looking for in the backup file? 4 Q. Do you recall ever observing the parcel that 4 A. Infonnation that related to your public 5 we're speaking of before the LDRs were approved in July 5 records request. 6 of '99? 6 Q. And the public records request related to 7 A. No. 7 what, to your recollection? 8 Q. And just so we're chronologically in order 8 A. Infonnation specific to this property. 9 here, the conversation that you're recalling with Ms. 9 Q. Okay. To the best of your recollection when 10 Kelly wbere I believe she said it was a park at the 10 you looked at the backup file that you're just talking 11 time of the LDR approvals, that was after your meeting 11 about, was there a particular group of documents or a 12 with Mr. Poole? 12 section of that file that related to this property 13 A. Yes. 13 specifically? 14 Q. Do you know if any private person or entity 14 A. No. 15 requested that the city designate this parcel as CF 15 Q. You're not talking about the overall zoning 16 designation? 16 map that was rolled into the ordinance? 17 A. No. 17 A. Yes. 18 Q. Do you know if, in fact, it was the city or 18 Q. SO through your research or investigation or 19 perhaps Ms. Kelly who identified this as being 19 inquiry of the backup files, the LOR approvals, you 20 appropriate CF designated property? 20 didn't find any information that was specifically 21 A. No. 21 geared toward this particular parcel being designated 22 Q. Since you learned that the CF designation of 22 as CF other than the zoning map, correct? 23 this parcel has become an issue, have you conducted any 23 A. That's correct. 24 research into why it was designated a CF? 24 Q. Are you the custodian of the backnp file for 25 A. No, no research. 25 the LOR? Page 34 Page 36 1 Q. And by research, I don~ mean to exclude any 1 A. Yes. 2 type of investigation or inqniry by you. Is your 2 Q. Where are they located in connection or in 3 answer different or is it the same? 3 relation to your office? 4 A. I did review the file as a resnlt of the 4 A. The filing cabinets ontside my office. 5 public records request. 5 Q. Right outside, okay. Now this particular 6 Q. Okay. And what file is that? How is it 6 parcel, does it have a separate, it's own file anywhere 7 designated? 7 in the city, to your knowledge? 8 A. The backup information on land development 8 A. Yes. 9 regulations our city file on the land development 9 Q. What is that file called? 10 regulations. 10 A. It would be its address on Northeast 34th 11 Q. Okay. Is that what is generally referred to 11 Avenne. 12 as the backup file, yes? 12 Q. Is it designated as George Berlin Park on 13 A. Yes, sorry. 13 that file? 14 Q. That description tells me that this is the 14 A. I don't know. 15 file of backup materials that ultimately led to the 15 Q. Are you the custodian ofthat file? 16 adoption of the LORs in '99? 16 A. Yes. 17 A. Yes. 17 Q. In relation to or in response to the pnblic 18 Q. And how did you know -- Well, tell me a 18 records reqnest that we had made to the city, did you 19 little bit more about the investigation. Were there 19 look into that file for any infonnation? 20 particular pieces of information or documents that you 20 A. Yes. 21 were looking for? 21 Q. Did you -- And, again, just so I'm clear, 22 MS. LEWIS: Object to the form of the 22 that second file we're talking about was specifically 23 question. 23 geared to this parcel only? 24 MR. CARRIUOLO: Go ahead. 24 A. Yes. 25 TIlE WITNESS: Can you repeat the question. 25 Q. And it's fair to say that the public records 9 (Pages 33 to 36) Esquire Deposition Services - (305)371-2713 Page 37 Page 39 1 that we received in response included everything in 1 Q. Did you see any documents within that group 2 that second file? 2 that you do not recollect seeing in the city's files at 3 A. Yes. 3 all? 4 Q. Okay. And what in addition did we receive in 4 A. I just don't know. 5 response the public records request from the LOR backup 5 Q. Do you know if at the time the 1999 CF 6 file, to your recollection? 6 designation was applied to this parcel whether tbe 7 A. I don't recall. 7 city, anyone at the city knew that it was privately 8 Q. You don~ recall, okay. Did you personally 8 owned property? 9 gather the documents in response to the public records 9 A. Yes. 10 request that we had made? 10 Q. When is the first time you learned that it 11 A. Yes. 11 was privately owned property? 12 Q. I'm going to hand you a group of documents 12 A. To the best of my recollection, when 13 which we Bates labeled upon receipt CTY 1 through 131. 13 Mr. Poole came to see us. 14 I'm just going to hand this to you and just tell me if 14 (The document was marked Plaintiff's Exhibit 15 you can conIum that that is the group of documents 15 Number 2.) 16 that you gathered in response to the public records 16 BY MR. CARRIUOLO: 17 request. 17 Q. We're going to mark as Plaintiff's 2 the 18 MS. LEWIS: Is this the only copy you have? 18 group of documents which you have reviewed during our 19 MR. CARRIUOLO: The only copy that I have? 19 brief recess. I'm going to ask you to turn to CTY 25, 20 MS. LEWIS: Do you have a copy for me to 20 which I believe is the Aventura Zoning Map. Do you 21 review while she's reviewing them? 21 have it there? 22 MR. CARRIUOLO: I think I've got the original 22 A. Yes. 23 unBated group that I can show you. 23 Q. Can you at least confinn that this is the 24 MS. LEWIS: Is this going to be marked as an 24 zoning map thai was adopted in 1999 by the city through 25 exhibit? 25 Ordinance 99-10? Page 38 Page 40 1 MR. CARRIUOLO: If ile can identify it, 1 A. Not without the original ordinance and the 2 probably, yes. 2 attachment. 3 Ms. LEWIS: Take a look at it. 3 Q. Well, looking at the Aventura Zoning Map 4 MR. CARRIUOLO: I'm trjng not to kill so 4 that's been marked as CTY 25 in Plaintiff's Exhibit 2, 5 many trees. Tbat's the original. It's not Bates 5 does this appear to be an accurate copy of the zoning 6 labeled. Do you want a copy to keep. 6 map currently within the city? 7 Ms. LEWIS: Yes, if you're showing her a 7 A. No. 8 document. 8 Q. Let's limit my question now to the, what I 9 MR. CARRIUOLO: Tbit one is not Bates 9 count, five CF designated parcels on CTY 25. 10 labeled. It's 1 through 131. 10 A. Okay. 11 Ms. LEWIS: Yes, I've got it. This belongs 11 Q. Okay. Have you identified five of them on 12 in there? 12 there? 13 MR. CARRIUOLO: It w.. attached to the copy 13 A. Yes. 14 tbat we bad, so I want to just show it to her, but 14 Q. Do you know whether or not the map that you 15 you can put it together if you wish. 15 have in front of you, CTY 25, accurately depicts the 16 Ms. LEWIS: Is it in this group? 16 current CF designated parcels within the city? 17 MR. CARRIUOLO: I d:m~ believe so, no. 17 A. No. 18 Ms. LEWIS: Okay. Let's leave it there. 18 Q. Well, can you at least identify on Number 25 19 (1'h:reupon, a brief recess was taken.) 19 of Exhibit 2 the parcel known as George Berlin Park? 20 BY MR. CARRIUOLO: 20 A. (The witness complied.) 21 Q. M& Carr, bave you reviewed the group of 21 Q. Okay. Is that the topmost CF designated 22 documents Bates stamped CTY 1 through 131. Can you 22 parcel on the map? 23 confirm tbat these are, in fact, the documents you 23 A. Yes. 24 gathered in response to our public records request? 24 Q. Okay. Could you take this red pen and 25 A. I dm't recall. I can't COnIrnn. 25 identify and tell us how you're identifying George 10 (pages 37 to 40) Esquire Deposition Services - (305)371-2713 Page 41 Page 43 1 Berlin Park on this particular page of Exhibit 2? 1 Q. Do you know what that parcel is? 2 A. I am identifying it as the property at the 2 A. No. 3 corner of North Country Club Drive and Northeast 34th 3 Q. Okay. Could you nonetheless circle it and 4 Avenue. 4 initial it. 5 Q. Cæld you I ask you to, and you've kind of 5 A. I don't know where its boundaries are. 6 boxed it in red. Could you just put "GBP" next to that 6 Q. Well, just initial it "CF" and we can go from 7 legibly so that we11 be able to tell what you were 7 there. At least we1l know that we've look at it. So 8 looking at. 8 I count and I believe you're confirmed six CF 9 A. (Th witness complied.) 9 designated parcels on this particular zoning map that 10 Q. 'Thmk you. And initial it, please. 10 we've been provided. 11 A. (Th witness complied.) 11 A. Yes. 12 Q. New going to the left, I guess west along 12 Q. Okay. To the best of your recollection, does 13 Country Club Drive there, there's the next CF 13 that constitute the total number of CF designated 14 designated parcel. Can you tell me what that is. 14 properties within the city, as we speak? And if you 15 A. A",ntura Turnberry Jewish Center. 15 want to refer to, I think you mentioned the Jewish 16 Q. Cæld you put "ATJC" and initial it as well. 16 Center? 17 A. (Th witness complied.) 17 A. Vh-huh, yes. 18 Q. In red, thank you. Okay. Going now south, 18 Q. And the rec center, I believe, as two that 19 it looks to the end of Country Club Drive, what is the 19 you recall earlier in your testimony and we covered 20 crossroad there at the next CF designation? 20 those? 21 A. A",ntura Boulevard. 21 A. Yes. 22 Q. Okay. And what is that parcel? 22 Q. I didn't mean to interrupt your answer. Do 23 A. Public library. 23 these six parcels designated CF constitute to the best 24 Q. Cæld you put in red again "library" next to 24 of your knowledge all of the CF parcels currently in 25 that as best you can and initial it, please. 25 the City of Aventura? Page 42 Page 44 1 A. (The witness complied.) 1 A. I can~ confirm that. 2 Q. Now going farther south, do you see another 2 Q. Now we didn't mention Founders Park. Do you 3 CF designated parcel? 3 know if Founders Park is a CF designated parcel? 4 A. Yes. 4 A. On this map it's ROS. 5 Q. What is that? 5 Q. ROS? 6 A. That's the Aventura Government Center. 6 A. Yes. 7 Q. And what kind of businesses or offices are 7 Q. Could you show me where that is. 8 there? 8 A. Immediately to the east and south of City 9 A. It's municipal offices. 9 Hall. 10 Q. City hall? 10 Q. If you could just circle ROS there and put 11 A. Yes. 11 Founders Park, that would be great. 12 Q. That's where you work? 12 A. (The witness complied.) 13 A. Yes. 13 Q. Thank you. And initial it, thank you. 14 Q. Would you put "city hall" in red next to that 14 What is the ROS designation? 15 designation and initial it, please. 15 A. Recreational open space. 16 A. (The witness complied.) 16 Q. Do you know of any reason why that ROS 17 Q. And going, it looks like southeast, is 17 designation has not been applied to this parcel we're 18 another CF designated parcel. What is that? 18 speaking of in this litigation? 19 A. That's the City of Aventura Community 19 A. No. 20 Recreation Facility. 20 Q. All right. Now before we broke, I believe 21 Q. Put "REC" and initial in red. 21 you had testified through conversations with Brenda 22 A. (The witness complied.) 22 Kelly you learned that the CF designation was applied 23 Q. I see one last one far east. Yes, right 23 to this parcel because it was a park? 24 here. Do you see that? 24 A. Yes. 25 A. Yes. 25 Q. Okay. Can you tell me in any more detail the 11 (Pages 41 to 44) Esquire Deposition Services - (305)371-2713 Page 45 Page 47 1 substance of any information Brenda Kelly ever gave you 1 designations of zoning districts under the city code 2 about that designation? 2 there's first designated use which are permitted. 3 A. That was the only information. 3 Those are permitted as a matter of right, correct? 4 Q. That was it, okay. And you have not spoken 4 A. That's correct. 5 to Brenda since she left the city, correct? 5 Q. And then we have conditional uses which 6 A. I testified that I had. 6 requires some approval from the city, correct? 7 Q. I'm sorry, about this parcel? 7 A. Yes. 8 A. No. 8 Q. Now if there is a conditional use to which I 9 Q. What is some of the, just sum up generally 9 wish to put a piece of property that's designated as 10 the substance of the conversations you have had with 10 conditional use, who makes the ultimate decision at the 11 Ms. Kelly? 11 city as to whether or not I can put my property to that 12 A. Personal. 12 conditional use? 13 Q. So no city business or city issues? 13 A. The city commission. 14 A. I can~ recall. 14 Q. It has to go through the commission. And I 15 MR. CARRIUOLO: Did I give you a copy that I 15 take it you review and make recommendations regarding 16 wrote on? Is that a clean copy? That's not my 16 that request? 17 original, is it? 17 A. Yes. 18 MS. LEWIS: No, it's not your original. 18 Q. Is it fair to say that unless the city 19 MR. CARRIUOLO: I just need her to look at 19 commission in its legislative capacity changes the 20 Exhibit 2. 20 laws, the zoning laws in the city, the city cannot 21 MS. LEWIS: Just one second. 21 allow prohibited uses to be put to property? 22 MR. CARRIUOLO: I'll be happy to make you a 22 MS. LEWIS: OQject to the form. 23 copy of that page if you want. 23 MR. CARRIUOLO: Is tmt right? 24 BY MR. CARRIUOLO: 24 THE WITNESS: Yes. 25 Q. If you turn now, Ms. Carr, to cry 27 farther 25 Page 46 Page 48 1 within Exhibit 2, do you recognize this as the 1 BY MR. CARRIUOLO: 2 Community Facilities Zoning District aspects of the 2 Q. If you go to crY 29, further into Exhibit 2, 3 city code upon enactment in '99? 3 do you recall seeing this January 25, 2002 letter from 4 A. It ¡ppears to be. 4 Mr. Poole as a part of your city mes? 5 Q. AnI it's designated Section 31-147, correct? 5 A. I do not. 6 A. On this sheet, yes, it is. 6 Q. Are you familiar with the Dade County code 7 Q. Is that currently the way the land use 7 designation RU-4A which existed immediately prior to 8 regulations are codified in the city? 8 July 13 of 1999 in the city? 9 A. As Section 31, yes. 9 A. No. 10 Q. It may not still be 147, not sure? 10 Q. What is your background in planning and 11 A. I am~ confirm tbat. 11 zoning before joining the City of Aventura? 12 Q. Unler Section A, Purpose, there's a reference 12 A. I was in a planning function, municipal 13 to the CF designation as being intended for those uses 13 planning function in Toronto, Ontario for 15 years. 14 of institutional character such as houses of worship, 14 Q. And were you employed in Davie? 15 school, government and cultural buildings, public 15 A. No. 16 facilities, hospitals and parks and other facilities 16 Q. You just happened to live there? 17 which generally benefit the community. 17 A. Yes. 18 Didyou have any, do you have any knowledge 18 Q. What period of time did you work in Toronto 19 as to how that statement of purpose was promulgated at 19 in the planning function that you just described? 20 the city? 20 A. Until 1998, I believe. 21 A. Na 21 Q. Okay. And -- 22 Q. Doyou know if, and I don't want you to 22 A. Fifteen years. 23 speculate, do you know if these are Ms. Kelly's words? 23 Q. Fifteen years there? 24 A. Na 24 A. Yes. 25 Q. New just generally in this and other 25 Q. Very well. And then you moved down to Davie? 12 (pages 45 to 48) Esquire Deposition Services - (305)371-2713 Page 49 Page 51 1 A. TInt's correct. 1 A. Yes. 2 Q. Hew were you employed, if at all, then during 2 Q. Jnst tell me what yon recollect about the 3 the '98 through '99 period? 3 adjacent parcels and their designations and just 4 A. I wæ not. 4 specifying as best you can. 5 Q. Wæ not, okay. So the City of Aventura was 5 MS. LEWIS: Object to the form. 6 your first, certainly Florida planning experience, 6 TIffi WITNESS: Parcels to the east, zoning 7 correct? 7 category of RMF-4. Parcel to the north, 8 A. Yes. 8 recreational open space. Parcel to the south, 9 Q. Wlnt was the highest position in terms of in 9 recreational open space. 10 Toronto that you achieved in the planning function? 10 BY MR. CARRIUOLO: 11 A. Development coordinator. 11 Q. That's a golf course, right? 12 Q. AnI what was the geographic area over which 12 A. Right, an RMF-4. Parcel to the west, RMF-4. 13 you coordinated those functions? 13 Another parcel to the north, a conservation zone. 14 A. It wæ a town that was 26 sqnare miles and 14 Q. What's there in the last part? 15 approximately 50 miles north of the City of Toronto. 15 A. The conservation zone? 16 Q. Wlnt was the name of it? 16 Q. Yes. 17 A. Goorgina. 17 A. I believe it's a mangrove lake. 18 Q. G<ing back to CTY 29, was it your 18 Q. Is the parcel to the -- Well, strike that. 19 understanding and is it still your understanding that 19 The ROS parcel to the north, do you know what 20 prior to the designation of this parcel as CF, it was 20 physically exists there? 21 previously designated as RU-4A under the Dade County 21 A. An entrance feature to the waterways 22 Code? 22 development. 23 A. I œn~ confirm that. 23 Q. And can you describe in more detail what you 24 Q. AnI you can't deny it as well, correct? 24 mean by that. 25 MS LEWIS: Oi:!ject to the form. 25 A. It's a sign, a fountain, grass, landscaping. Page 50 Page 52 1 BY MR. CARRIUOLO: 1 Q. To The Waterways? 2 Q. You don't know either way? 2 A. Yes. 3 A. I don~ know. 3 Q. And that's a development? 4 Q. Was it your nnderstanding at any time that 4 A. The Waterways is the parcel that's founded in 5 under the Dade County Code this parcel had been 5 this section. 6 designated as medium high-density residential uses? 6 Q. So immediately north and I guess across what 7 A. I don~ know. 7 street is that? 8 Q. Does the city currently have a mnltifamily 8 A. Tbis is Northeast 207th. 9 residential and hotel use designation? 9 Q. So immediately north and across 207th from 10 A. Yes. 10 the George Berlin Park is the entrance to The Waterways 11 Q. What is that designation? If you need to 11 which is designated as ROS? 12 look at something to refresh your memory, that's fine. 12 A. Yes. 13 A. I need the city code, the land development 13 Q. And I assume that's all residential capacity, 14 regulations. 14 The Waterways entrance? 15 Q. Okay. Are they within here? 15 A. There is a deep community business parcel at 16 A. No. 16 The Waterways Shops, an existing retail plaza. The 17 Q. They're not, okay. I have them. We'll get 17 rest is residential. 18 to it. Are you familiar with the designations of 18 Q. So the RMF-3 to the north of all that would 19 parcels immediately adjacent to the parcel known as 19 be where the residences are in The Waterways? 20 George Berlin Park? 20 A. Yes. 21 A. Yes. 21 Q. Now it appears from the zoning map we're 22 Q. And if you want to look back or refer back to 22 looking at, CTY 25, that from to the east from George 23 CTY 25 for demonstrative purposes, that's fine. Can 23 Berlin Park literally to the end of the map and then 24 you just identify for me, is this George Berlin Park 24 shooting southward is all RMF-4, correct? 25 here? 25 A. And recreational open pace. 13 (pages 49 to 52) Esquire Deposition Services - (305)371-2713 Page 53 Page 55 1 Q. Where is that? 1 BY MR. CARRIUOLO: 2 A. To the south, the golf course. 2 Q. Is the same true to the east of the George 3 Q. Fair enough. If I was standing in George 3 Berlin Park? 4 Berlin Park and looked immediately to the east, what is 4 A. Some higher, some, yes. 5 the next thing I would see? 5 Q. Okay. And the big ROS section to the south 6 A. A residential development. 6 of the park that comprises the golf course, correct? 7 Q. What does it look like, height -- 7 A. Yes. 8 MS. LEWIS: Object to the form. 8 Q. And what is in the RMF-4 for little enclave, 9 BY MR. CARRIUOLO: 9 if you will, just to south of the park? 10 Q. -- number of units? 10 A. Residential towers. 11 A. I can~ tell you specifics really. 11 Q. How high do they go, approximately? 12 Q. Do you recall if it is a residential tower? 12 A. Fifteen to 20 stories. 13 A. It is a residential tower. 13 Q. What is immediately to the north of the park? 14 Q. How many approximate stories, do you recall? 14 A. To the best of my knowledge, a marina. 15 A. I don't, I don't know exact stories. I would 15 Q. And do you know what land use designation of 16 give you an estimate. 16 that particular parcel is? 17 Q. That's fine. 17 A. Land use designation? 18 A. Ten stories. 18 Q. Okay. The zoning designation? 19 Q. And immediately to the east of that, what 19 A. No. 20 would I find? 20 Q. And I take it the marina has a canal through 21 A. Residential. 21 which the marina folks access The Waterways? 22 Q. More towers? 22 A. Yes. 23 A. Similar. 23 Q. Do you know what designation zoning applies 24 Q. Now it appears that immediately to the west 24 to that? 25 across, is that Country Club, to the west ofthe George 25 A. No. Page 54 Page 56 1 Berlin Park? 1 Q. I may have asked you this, but not 2 A. Yes. 2 necessarily in the same way. Under the prohibited uses 3 Q. Okay. That's also RMF-4? 3 under CF, which I believe include residential, is it 4 A. Yes. 4 true, is it a true statement that the only way that 5 Q. What would I see immediately across the 5 anyone under the CF designation conld get city approval 6 street there? 6 to build any residential or use the property for any 7 A. Residential. 7 residential uses is by getting a rezoning of that 8 MS. LEWIS: Object to the form. 8 property? 9 BY MR. CARRIUOLO: 9 MS. LEWIS: OQject to the fonn. 10 Q. Immediately to the west of the park, what 10 THE WITNESS: It is a ¡robibited use in the 11 would I see? 11 CF zone. A rezoning would be required. 12 MS. LEWIS: Same objection. 12 BY MR. CARRlUOLO: 13 TIIE WITNESS: Residential. 13 Q. I'm now going to show you a copy of the 14 BY MR. CARRIUOLO: 14 city's answers to interrogatories dated September 18, 15 Q. Towers? 15 2003, specifically I'm going to refer you to Paragraph 16 A. Yes. 16 3 of your answer to Paragraph 3. Take a moment to read 17 Q. Approximately how high? 17 it and then I'll ask you some questions. 18 A. Same. 18 MS. LEWIS: Where is the signature page? 19 Q. How typical is the residential towers of at 19 MR. CARRIUOLO: Rig¡t here. 20 least ten stories within the RMF-4 section immediately 20 MS. LEWIS: That's the signature page of the 21 to the west of the park? 21 person who signed the answers to interrogatories. 22 MS. LEWIS: Object to the form. 22 BY MR. CARRIUOLO: 23 TIIE WITNESS: There are some lower rise 23 Q. My question is specifically geared to the 24 developments and some at I would estimate at ten 24 last sentence of the answer, the City's answer to 25 stories. 25 Number 3 which reads, "The parcels of property within 14 (pages 53 to 56) Esquire Deposition Services - (305)371-2713 Page 57 Page 59 1 the city have been rezoned to conform to their tben 1 day-to-day operation of the city. 2 existing land uses." My question was -- 2 Q. Are there representatives or persons acting 3 A. I'm SJrry, may I? 3 on behalf of the joint council, to your knowledge? 4 Q. Y(;. 4 A. Yes. 5 A. Nct rezoned, it says, "Within the city were 5 Q. Is Mr. Berlin one of them? 6 zoned." 6 A. I don't know. 7 Q. I'm SJrry, right, "Were zoned to conform with 7 Q. Who, just give me some names of the joint 8 their then existing land uses." Rezoning would mean 8 council representatives you're familiar with? 9 changing it from the existing, correct, in your mind? 9 A. Mr. Len Brenner. 10 A. Th sentence reads that the parcels of 10 Q. Len Brenner. Anyone else? 11 property within the city were zoned to conform with the 11 A. That's who comes to mind. 12 then existing land uses. 12 Q. And do you know the purpose of the joint 13 Q. Did you assist Mrs. Soroka in crafting the 13 council? 14 answers to these interrogatories? 14 A. As I understand it, it's a master association 15 A. Na 15 that maintains common land. 16 Q. Did anyone ask you for information that would 16 Q. Common to whom? 17 support tbat last sentence tbat we just read? 17 A. To developments on Country Club Drive. 18 A. I dm't recall. 18 That's to the best of my knowledge. 19 Q. Do you know -- Well, as I understand it, tbe 19 Q. And by developments is it residential, 20 1999 LDRs adopted by the city basically created a city 20 commercial, or both to your knowledge that they are 21 zoning system, correct? 21 involved in? 22 A. Y(;. 22 A. I don't know. 23 Q. Do you know of all the parcels within the 23 Q. You're familiar with the concepts of master 24 city at that point, how many of the parcels bad their 24 condominium associations or homeowners associations? 25 zoning designations changed in terms of permitted uses 25 A. Yes. Page 58 Page 60 1 from that which existed under the county code 1 Q. Is it your understanding based on wbat you 2 immediately before the adoption of the LDR? 2 know of the joint council that it performs somewbat 3 A. I dm~ know. 3 like that? 4 Q. Yrn don~ know? 4 A. I can~ confirm tbat. 5 A. I d:m~ know. 5 Q. WlBt kind of matters do you and Mr. Brenner 6 Q. Doyou know if anybody has endeavored to 6 communicate with? 7 figure that out? 7 A. I mve very little communication with 8 A. I mn't know. 8 Mr. Brenner. 9 Q. Do you know if the city undertook any 9 Q. Okay. And notwithstanding the little 10 investigation into who owned the parcel we're speaking 10 communications, wbat bave you talked about? 11 of in this litigation before applying a CF designation 11 A. MŒt of the communication is through the City 12 to it? 12 Manager's Office. I can~ recall my last conversation 13 A. I mn't know. 13 with Mr. Brenner. 14 Q. Yrn don~ know? 14 Q. Do you know wbat kind of issues are coming up 15 A. I mn~ know. 15 when the joint council is meeting with the city 16 Q. Thre's references in the interrogatory 16 representatives? 17 answers to the Joint Council of A ventura. Are you 17 A. Na 18 familiar with that entity? 18 Q. Do you know why in those few conversations or 19 A. Y(;. 19 matters that you spoke of why you were involved? 20 Q. Ha.v are you familiar with that entity? 20 Ms. LEWIS: O~ect to the form. 21 Ms. LEWIS: O~ect to the form. 21 TIlE WITNE$: The last issue I can recall, 22 THE WITNE$: I know of its existence. 22 and I was not directly speaking with the joint 23 BY MR. CARRIUOLO: 23 council, but they bad an objection to a zoning 24 Q. Ha.v do you know of its existence? 24 application. 25 A. Inday-to-day dealings at the city, the 25 15 (pages 57 to 60) Esquire Deposition Services - (305)371-2713 Page 61 Page 63 1 BY MR. CARRIUOLO: 1 Q. The residential tower concept that I believe 2 Q. Did that have anything, to your recollection, 2 you had heard or learned of through Mr. Poole, do you 3 to do with this parcel that we're speaking of? 3 know whether or not under the Dade County regulations, 4 A. No. 4 zoning regulations that existed or applied to that 5 Q. Have you spoken with any joint council 5 property before the LDRs of the city, whether that was 6 representatives regarding the George Berlin Park 6 a pennitted use? 7 parcel? 7 A. I don't know. 8 A. No. 8 Q. Go to, if you would, crY 127, again part of 9 MR. CARRIUOLO: For the record, I'm going to 9 Exhibit 2. And please, first of all, confirm that that 10 mark as Exhibit 3 to tills deposition tbe 10 is, again, your handwriting denoting this as related to 11 interrogatory answers of the city and I'm going to 11 George Berlin Park in the upper right-hand comer? 12 attach to that exbibit as well the city's notice 12 A. It appears to be. 13 of service of verification page wbich attached the 13 Q. Is that your office's stamp, community 14 Eric Soroka signature, dated September 25, 2003. 14 development, under the received stamp? 15 That will all be Exhibit 3. 15 A. Yes. 16 (The document was marked Plaintiff's Exbibit 16 Q. Is it now, did you change your stamp to read 17 Number 3.) 17 now planning or something? 18 BY MR. CARRIUOLO: 18 A. No. 19 Q. Wonld you please go to crY 107 wbich is, 19 Q. Still community development? 20 again, part of Exhibit 2. This appears to be a fax 20 A. Yes. 21 page from the Weiss Serota firm? 21 Q. Have you ever heard anyone refer to the 22 A. Yes. 22 parcel that we're speaking of at 34th and Country Club 23 Q. Do you know whose handwriting that is in the 23 as a mini park? 24 top right-hand comer-that says, "George Berlin Park 24 A. No, other than what's on this letter. 25 Northeast 34th Avenue?" 25 Q. Okay. Fine. Do you remember -- Well, strike Page 62 Page 64 1 A. TInt is mine. 1 that. 2 Q. Wlnt caused you to refer to this particular 2 Is it fair to say that if you've identified 3 page referring to the George Berlin Park? What caused 3 in your handwriting "George Berlin Park," this document 4 you to make the designation George Berlin Park on tills 4 is in your me? 5 document? 5 A. Yes, it is. 6 A. fur filing purposes. 6 Q. Now if you go two pages to 129, this appears 7 Q. Doyou have a George Berlin Park me? 7 to be a folio printout. Do you recognize any of the 8 A. YI'S. 8 handwriting at the upper right-hand comer? 9 Q. Oi<ay. Is that the parcel specific me that 9 A. No, I don't. 10 you were referring to earlier? 10 Q. Do you have a me related to the joint 11 A. YI'S. 11 council? 12 Q. AnI to the best of your recollection, did the 12 A. Not that I recall. 13 George Berlin Park me that we're speaking of exist 13 Q. Other than Mr. Poole, have you to date spoken 14 prior to the time that Ms. Kelly left the city? 14 with anyone who you believe is associated with the 15 A. I cb not recall. 15 owner of the parcel we're speaking of? 16 Q. Did you create that me and designate it as 16 A. Not that I recall. 17 the George Berlin Park file? 17 Q. Do you know of any reason -- Well, strike 18 A. I cbn~ recall. 18 that. 19 Q. Y ill don~ recall? 19 Do you know of any obstacle to the city's 20 A. Na 20 rezoning of this parcel from CF to a designation which 21 Q. Inor to -- Strike that. 21 would allow residential towers on its own volition? In 22 If)Uu go to CTY 114 and just confirm for me 22 other words, that the city could on its own volition 23 that in the upper right-hand comer that, again, is 23 start the rezoning process? 24 your handwriting reading George Berlin Park? 24 MS. LEWIS: OQject to the form of the 25 A. It ""pears to be. 25 question. 16 (pages 61 to 64) Esquire Deposition Services - (305)371-2713 Page 65 Page 67 1 THE WITNESS: I don't understand the 1 redistricting or rezoning effort? 2 question. 2 A. I reviewed the recommendation of the e=nomic 3 BY MR. CARRlUOLO: 3 development advisory board and made a recommendation to 4 Q. Couldn~ the city rezone this on its own 4 the city commission. 5 volition as opposed to asking the land owner to do so? 5 Q. And the economic development advisory board, 6 MS. LEWIS: Object to the fonn of the 6 is that a city agency? 7 question. It calls for a legal conclusion. 7 A. The members are designated by the City 8 THE WITNESS: That's a question -- I can't 8 Commission. 9 answer your question. 9 Q. Are there any commissioners that sit on that 10 BY MR. CARRIUOLO: 10 board? 11 Q. Has the city, since you've been involved with 11 A. No. 12 the planning department, initiated zoning changes on 12 Q. Any city officials or officers other than 13 its own? 13 commission members that sit on that board? 14 A. Yes. 14 MS. LEWIS: Object to the form of the 15 Q. Tell me the circumstances under which that 15 qnestion. Can you read that question back. 16 has happened while you've been there? 16 MR. CARRIUOLO: I'll rephrase it. 17 A. There was a recent application to the city 17 BY MR. CARRIUOLO: 18 commission initiated by the city for redevelopment of 18 Q. Anyone associated with the city -- Strike 19 our hospital district. It's a triangle in the 19 that. 20 northwest comer of the city. 20 Any other city officials other than the 21 Q. What was the nature of the redesignation? 21 commissioners that sit on that advisory board? 22 A. It was, it was a recommendation under our 22 MS. LEWIS: Object to the form of the 23 economic development advisory board to stimulate 23 question. 24 development in that district. There was a consultant's 24 THE WITNESS: I need clarification from you. 25 report and they recommended that that go forward to the 25 Page 66 Page 68 1 city commission. 1 BY MR. CARRIUOLO: 2 Q. Is that city-owned property? 2 Q. You mentioned that no commissioners sit on 3 A. No. 3 that board? 4 Q. Who owns that property? 4 A. No. 5 A. Many owners. 5 Q. I'm asking anyone else that's employed by the 6 Q. Private owners? 6 city other than those elected officials that sit on 7 A. Yes. 7 that board are there any? 8 Q. So that's, I'm sorry. I want to make sure I 8 A. There are no city officials that sit as 9 get the nomenclature right. 9 members of that board. 10 A. The hospital district. 10 Q. Ex officio or advisory to the advisory board? 11 Q. The hospital district, okay. I presume 11 A. I don't know that. 12 there's a hospital within it? 12 Q. Is it fair to say that alternatively the 13 A. Aventura Hospital, yes. 13 various private land owners within the hospital 14 Q. And are medical professional buildings 14 district could have filed that application as well? 15 surrounding it, I'm presuming? 15 MS. LEWIS: Object to the form. It calls for 16 A. Yes. 16 a legal conclusion. 17 Q. And why, to your knowledge -- Well, strike 17 MR. CARRIUOLO: Go ahead. 18 that. 18 THE WITNESS: Any owner in the city can apply 19 What involvement did your group and you 19 for a rezoning. 20 personally have in that effort to redesignate or rezone 20 BY MR. CARRIUOLO: 21 that district? 21 Q. Other than the hospital district, the 22 MS. LEWIS: Object to the form of the 22 situation you just mentioned, any other instances in 23 question. What group? 23 which you recall the city initiating a rezoning effort? 24 BY MR. CARRIUOLO: 24 A. Yes. 25 Q. What involvement did you have in that 25 Q. Tell me what others you recall. 17 (pages 65 to 68) Esquire Deposition Services - (305)371-2713 Page 69 Page 71 1 A. A rezoning of property on Northeast 188 1 rezoning, what is the status of that? 2 Street. 2 A. It is completed. 3 Q. What was the nature? 3 Q. The city approved it, I take it? 4 A. A rezoning from town center zoning to 4 A. Yes. 5 residential, again, as a result of a consultant's 5 Q. Any other city initiated rezoning efforts 6 recommendation that that was the appropriate zone. 6 that you're aware of? 7 Q. And was that consultant hired by the city to 7 A. No, not that I can recall. 8 look at that issue? 8 Q. Are you familiar with preapplication 9 A. Yes, yes. 9 conferences? 10 Q. And the consultant report that you referred 10 A. No. 11 to regarding the hospital district, was that consultant 11 Q. I'm sorry? 12 also hired by the city? 12 A. Fonnally, as a fonnal procedure? 13 A. They were retained by the economic 13 Q. I'm not talking about procedures, I'm just 14 development advisory board. 14 asking about the concept. Have you ever heard of 15 Q. Were they paid by the city? 15 preapplication conferences as part of your city work? 16 A. Yes, they were. 16 A. We regularly meet with developers is that the 17 Q. All right. Going back to the town center 17 name given to the meeting, no. 18 designation in the second instance, what were the 18 MS. LEWIS: If you don't know what he's 19 permitted uses of the town center designation? 19 talking about, teU him. 20 A. Town center was a mixed use residential and 20 THE WITNESS: I don~ understand your 21 nomesidential uses. 21 question. 22 Q. And what was your understanding of the reason 22 MR. CARRIUOLO: That's fine. 23 why the city sought to rezone that particular parcel to 23 BY MR. CARRIUOLO: 24 residential? 24 Q. Well, let's talk about the regular meetings 25 A. It was to support the town center zone on an 25 that you talked about. What are the purposes of those Page 70 Page 72 1 adjacent parcel, a large parcel to the west. 1 meetings that you just made reference to? 2 Q. Was it the parcel to the west that was being 2 MR. CARRIUOLO: What's the nature of the 3 rezoned as residential? 3 objection? 4 A. No. The parcel to the west was town center 4 MS. LEWIS: Vague. 5 zoning. These parcel on 188 Street were also town 5 THE WITNESS: I don't understand what you're 6 center zoning. The consultant felt that the uses were 6 asking me. 7 spread over too large an area and could not be properly 7 BY MR. CARRIUOLO: 8 supported, that the residential was the proper support 8 Q. You just mentioned conferences or meetings 9 for the large town center parcel. 9 that are regularly held with developers, correct? 10 Q. And is it true that the hospital district 10 A. Yes. 11 rezoning effort initiated by the city was completed? 11 Q. What are the purposes of those meetings? 12 A. No. 12 MS. LEWIS: Object to the fonn, speculation. 13 Q. What is the status of that? 13 BY MR. CARRIUOLO: 14 A. It has first reading. 14 Q. Did you ever participate in those meetings? 15 Q. When? 15 A. Yes. 16 A. It had first reading on November 20th. Only 16 Q. When you participated in those meetings, what 17 a portion was rezoned, not all, the second reading on 17 was the purpose of the meeting, to your knowledge? 18 January 6th. 18 A. I participate in meetings everyday all on 19 Q. And is the remaining portion of that 19 different issues. 20 initiative the subject of the second reading as well or 20 Q. Were any of the meetings that you personally 21 has that been jettisoned from the initiative? 21 participated in with the developers to present 22 A. Only part of the proposal is going forward. 22 proposals prior to the fonnal application process of 23 Q. For second reading? 23 proposed developers? 24 A. Yes. 24 A. I'm going to have to tell you that I don~ 25 Q. And with regard to the 188 Street town center 25 understand your question again, so I can answer you 18 (pages 69 to 72) Esquire Deposition Services - (305)371-2713 Page 73 Page 75 1 properly. 1 Ms. LEWIS: Do you have another copy? 2 Q. Have you ever been involved in a meeting 2 MR. CARRIUOLO: I m:y have another copy for 3 where a developer prior to formally applying for 3 you to look at. These are my originals, Harriet, 4 development approval wishes to meet with staff in your 4 but you're free to look at them. 5 group in your department to present the proposal for 5 MS LEWIS: Then I won't mark them up. 6 comment? 6 BY MR. CARRIUOLO: 7 A. Yes. 7 Q. Ms. Carr, I'm going to refer you specifically 8 Q. Wlnt do you call that type of meeting, if 8 to the Bates label reference at the bottom of the page. 9 there is such as a nomenclature for it? 9 It's called CIY 490, okay. Do you have that in front 10 A. TiEre is not. 10 of you? 11 Q. Have you participated in those types of 11 A. Yes. 12 meetings personally? 12 Q. Yæ're familiar with the development review 13 A. Yes. 13 procedures which begin on this page in Chapter 5? 14 Q. AnI what is, in the instances in wbicb yon've 14 A. Yes. 15 participated in, what is the nature of the discussion? 15 Q. AnI just so I make sure I'm clear, what is 16 Ms. LEWIS: O~ect to the form. 16 the document that this Chapter 5 is within. Is it the 17 MR. CARRIUOLO: WlBt happens at them? 17 code, is it rules? 18 THE WITNESS: We review the code 18 A. Tlis appears to be a draft of the land 19 requirements. This is what you need to submit. 19 development regulations. 20 BY MR. CARRIUOLO: 20 Q. Wlnt makes you say it's a draft? 21 Q. Okly. Are there use questions that have been 21 A. I know from these borders that that's it. 22 presented in the meetings that you've discussed? 22 Q. Doyou see the reference in the middle of 23 A. Yes. 23 this Page 501.3, preapplication conference? 24 Q. In terms of permitted or conditional uses? 24 A. Yes, I do. 25 A. Yes. 25 Q. Do you recall that this pre application Page 74 Page 76 1 Q. How about prohibited uses? Have those come 1 conference provision is part of the land development 2 np during your meetings? 2 regulations of the city? 3 A. I don't recall specifically. 3 A. Yes. 4 Q. Is it fair to say that in the meetings that 4 Q. As duly enacted? 5 you've participated, these developers present their 5 A. In the draft it's here, yes. 6 proposals to you and your staff and you provide them 6 Q. I'm talking about the duly enacted version of 7 initial comments as to use issues? 7 these land development regulations, is it 8 A. Yes. 8 preapplication? 9 Q. Okay. These are regularly held with 9 A. I don't have that in front of me. 10 developers? 10 Q. You don't know offhand? 11 A. Yes. 11 A. I need to see it. 12 Q. Okay. Do you as a matter of course 12 Q. I'm going to show you Mr. Poole's copy of the 13 participate in these types of meetings? 13 City of Aventura Land Development Regulations Page 14 A. Yes. 14 CD31:30. It's within Section 31-71 and it's 15 Q. Who else, if anyone, with your staff also 15 Subparagraph C. I hand that to you, Ms. Lewis, if you 16 participates regularly in these types of meetings? 16 wish to look at it. 17 MS. LEWIS: Object to the form. 17 And my question is, is the preapplication 18 THE WITNESS: I'm usually present at those 18 conference provision part of the duly enacted land 19 meetings. 19 development regulations ofthe city? 20 BY MR. CARRIUOLO: 20 A. It appears to be. 21 Q. Is anyone else from your staff usually? 21 MS. LEWIS: Excuse me, I want you to compare 22 A No. 22 it and make sure that it's the same because I'm 23 Q. I'm going to show you a group of documents 23 not sure it is. 24 which the city has provided. I'm not going to refer to 24 THE WITNESS: It is the same. 25 all of them. 25 19 (pages 73 to 76) Esquire Deposition Services - (305)371-2713 Page 77 Page 79 1 BY MR. CARRIUOLO: 1 Q. AnI as I understand your testimony, in order 2 Q. Thank you. So just so we're clear then, the 2 to resolve Mr. Poole's desire, bis client's desire to 3 provision entitled Preapplication Conference shown on 3 have it designated for residential tower construction, 4 CTY 490 which you identified as a draft, that indeed 4 a rezoning application would be required? 5 it was and has been placed into the duly enacted land 5 A. Yes. 6 development regulations of the city? 6 Q. Do you recall telling Mr. Poole that at any 7 A. Yes. 7 time? 8 Q. Great. Do you recall that Mr. Poole on 8 A. I dm't. 9 behalf of the plaintiffs did request a preapplication 9 Q. Doyou recall providing Mr. Poole with a copy 10 conference in connection with this parcel? 10 of a rezoning application? 11 A. I don't recall. 11 A. Agrin, I can't recall. 12 Q. I'm sorry? 12 Q. Do you recall providing Mr. Wolpin a copy of 13 A. I don't recall. 13 that application so he could forward it onto Mr. Poole? 14 Q. Were you ever advised by any other city 14 A. I œn't recall again. 15 officials including the city attorney that a 15 Q. With regard to one of your earlier questions, 16 preapplication conference had been requested? 16 how would you come to the understanding that a 17 A. I'm sorry, I don't recall. 17 particular development issue might end up in litigation 18 Q. Do you recall speaking to Mr. Poole about a 18 so that you would be inclined to have the scheduling of 19 preapplication conference in relation to this parcel 19 preapplication conferences handled by Mr. Wolpin's 20 we're speaking of? 20 office? 21 A. Again, I don't recall. 21 Ms. LEWIS: O~ect to the form. 22 Q. Well, specifically, do you recall advising 22 THE WITNE$: I don't understand that 23 Mr. Poole that because this project could end up in 23 question. 24 litigation that you directed Mr. Poole to deal with 24 BY MR. CARRIUOLO: 25 Mr. Wolpin, the City Attorney, about a preapplication 25 Q. I believe your testimony was just a moment Page 78 Page 80 1 conference? 1 ago that if you believed a particular parcel might end 2 A. If that was the case, then that would have 2 up in litigation, your practice would be to have 3 been what I had would advise, yes. 3 Mr. Wolpin at the City Attorney's Office handle 4 Q. If it could end up in litigation, it would 4 preapplication conference scheduling, correct? 5 be? 5 A. Yes. 6 A. I would have directed the request to the City 6 Q. What would you know of or believe that would 7 Attorney, yes. 7 lead you to reach a conclusion that litigation might 8 Q. But you don't recall if any of that occurred 8 ensue and, therefore, do that? 9 in this particular case; is that right? 9 A. If the applicant had told me that litigation 10 A. I don't. 10 would ensue. 11 Q. Do you know if a preapplication conference 11 Q. And during any discussions with Mr. Poole, 12 was ever scheduled by any city representatives with 12 again, whether it be in person or by phone, did 13 Mr. Poole? 13 Mr. Poole ever indicate the prospect that tbis parcel 14 A. I recall meeting with Mr. Poole. 14 dispute might end up in litigation? 15 Q. Was that a preapplication conference? 15 A. I don't recall. 16 A. It may have been. 16 Q. Were you surprised when you learned that the 17 Q. Was there a discussion? 17 city had been sued in this case? 18 A. We discussed the development of the property, 18 A. No. 19 that is what is discussed at preapplication 19 Q. Why not? 20 conferences. 20 A. I can't recall exact conversations, but I 21 Q. And did you advise Mr. Poole at that 21 believe that litigation was offered as an alternative 22 conference that the residential tower concept was a 22 by Mr. Poole. 23 prohibited use under the CF designation? 23 Q. I'm sorry? 24 A. If he asked, that's what he would have been 24 A. Litigation was discussed by Mr. Poole. 25 advised. 25 Q. Is it your understanding that 20 (pages 77 to 80) Esquire Deposition Services - (305)371-2713 Page 81 Page 83 1 Aventura-Ensenada, Inc., a Florida corporation, still 1 BY MR. CARRIUOLO: 2 holds record title to the parcel known as George Berlin 2 Q. Do you understand what a prohibited use is? 3 Park? 3 A. Yes. 4 A. I don~ know that. 4 Q. Do you understand that various parcels have 5 Q. But you understand that it's still privately 5 various prohibited uses according to the zoning 6 held at least in terms of record title? 6 classifications in the city? 7 MS. LEWIS: Object to the form. 7 A. Yes. 8 BY MR. CARRIUOLO: 8 Q. And you're aware that residential uses are 9 Q. Do you know? 9 expressly prohibited in the CF designation on this 10 A. I don't know. 10 parcel, correct? 11 Q. Is it your belief that somebody, a private 11 A. Yes. 12 landowner currently owns that parcel? 12 Q. Is it fair to say, then, that you would deem 13 A. It is my belief. 13 it a prohibited use if the land owner applied for 14 Q. And if that private landowner formally 14 approval to build any residential or used that property 15 applied for approval to build a residential tower, it 15 for any residential use? 16 would be rejected based on the CF designation, wouldn~ 16 MS. LEWIS: Object to the form. 17 it? 17 THE WITNESS: I don't understand that 18 MS. LEWIS: Object to the form. 18 question. 19 THE WITNESS: I don't understand your 19 BY MR. CARRIUOLO: 20 question. 20 Q. Okay. If a prohibited use is sought by a 21 BY MR. CARRIUOLO: 21 private landowner, how would you deal with that 22 Q. If the private owner of the parcel known as 22 application? 23 George Berlin Park fIled an application for city 23 A. I don't understand your question. 24 approval to build a residential parcel on that parcel, 24 Q. If an application for a permitted use, a 25 it would be rejected as a prohibited use, would it not? 25 permit use is made by a private landowner, what is the Page 82 Page 84 1 MS. LEWIS: Object to the form. 1 normal process that is involved there? 2 THE WITNESS: I have to tell you that I don't 2 A. We review the plans that are submitted, make 3 understand your question again. 3 sure they comply with the uses permitted in the zone, 4 BY MR. CARRIUOLO: 4 the setbacks and all of the site development criteria 5 Q. Is a residential tower a prohibited use with 5 and all other sections of the code, landscaping, 6 regard to the parcel we're speaking of? 6 parking, those types of things. 7 A. Yes. 7 Q. And if as part of that process -- Strike 8 Q. And if an application for city approval to 8 that. 9 put that use to the property was made, it would be 9 I take it that that review process is 10 rejected, would it not? 10 utilized by you and your staff without first knowing 11 A. I have to tell you I don't understand that 11 that whether a use is permitted conditional or 12 question again. 12 prohibited, that's your standard operating practice, is 13 Q. Okay. Help me help you clarify it. What 13 it not? 14 about my question is not clear? 14 A. We review a site plan, yes. 15 MS. LEWIS: I'm going to instruct her not to 15 Q. And if it becomes clear from the application 16 answer. It's not up to her to help you ask a 16 that the use to which the private landowner wishes to 17 question she understands. It's up to you to ask a 17 put his or her property is expressly prohibited under 18 question she understands. 18 the classification applicable to that property, you 19 BY MS. LEWIS: 19 will reject the application, correct? 20 Q. If an application is made for a use which is 20 A. We would advise the applicant if further 21 prohibited on any parcel in the City of Aventura, it 21 application is necessary. 22 will be rejected, would it not? 22 Q. And what would be the further application 23 MS. LEWIS: Object to the form. 23 that would be necessary? 24 THE WITNESS: I don't understand that 24 A. Whatever application applied. There are many 25 question. 25 applications. 21 (Pages 81 to 84) Esquire Deposition Services - (305)371-2713 Page 85 Page 87 1 Q. Would it be a rezoning application? 1 A. Yes. 2 A. It may be. 2 Q. Do you know if under the county code 3 Q. What other applications would be available to 3 provision which applied to this property before the 4 someone who is trying to put a property for a 4 city code was enacted whether residential uses were 5 prohibited use other than rezoning? 5 permitted? 6 A. To prohibit -- Well, to a prohibited use, 6 A. No. 7 then it's a rezoning. 7 Q. You do not know? 8 Q. And that's the only alternative, correct? 8 A. I do not know. 9 A. Yes. 9 Q. Do you know if the residential conditions 10 (Thereupon, a brief recess was taken.) 10 were conditional uses permitted under the county code 11 BY MR. CARRIUOLO: 11 at that time? 12 Q. Ms. Carr, under the CF designation, what 12 A. I do not know. 13 possible uses could the private landowner currently put 13 Q. Do you know if they were prohibited uses 14 the property in under your land regulations? 14 under that? 15 MS. LEWIS: Object to the form. 15 A. No. 16 THE WITNESS: Permitted uses in tbe zone, 16 Q. Retail uses, your understanding is that those 17 park, school, library, cultural or civic or 17 are currently a prohibited use under the CF 18 community centers, police or fire stations. 18 designation? 19 BY MR. CARRIUOLO: 19 A. Yes. 20 Q. And I believe we referred earlier to the 20 Q. Do you know whether or not under the county 21 institutional use or purpose type of facilities. Would 21 code provisions which applied to this parcel before the 22 all these fall in your mind including that? 22 enactment by the city of its code whether retail uses 23 A. The purpose statement ofthe code, yes. 23 were permitted on this parcel? 24 Q. How many fire stations are currently in tbe 24 A. I don't know. 25 city? 25 Q. Do you know if retail uses at that time were Page 86 Page 88 1 A. 0110. 1 conditional uses? 2 Q. Is it publicly owned? 2 A. I don't know. 3 A. Net by the city. I don't know who the owner 3 Q. Do you know if retail uses at that time were 4 is. 4 prohibited under the county code? 5 Q. Doyou know if it's a public entity that owns 5 A. I don't know. 6 the fire station? 6 Q. Adult entertainment uses, those are currently 7 A. Idm~. 7 prohibited under the CF designation, correct? 8 Q. How many libraries do you have in the city? 8 A. Yes. 9 A. 0110. 9 Q. Do you know if the under the County Code 10 Q. Is it publicly owned? 10 provisions which applied to this parcel before the 11 A. I dm~ know ownership. 11 enactment by the city of its code whether adult 12 Q. ütœr than your references back to Ms. Kelly 12 entertainment uses were permitted on this parcel? 13 that I believe where a parcel is being used as a park 13 A. I don't know. 14 at the time of the LOR, any other knowledge, whether it 14 Q. Do you know at that time whether adult 15 be personal or your city knowledge as to the rationale 15 entertainment uses were conditional uses on this 16 used by the city to designate this as CF? 16 parcel? 17 A. No 17 A. I don't know. 18 Q. Just turn to city the Bates labeled CITY 576, 18 Q. Do you know whether or not adult 19 part ofthat large group that you have still have 19 entertainment uses under the county code were 20 before you. Do you recognize this as a listing of the 20 prohibited on this parcel? 21 CF or community facilities zoning district uses? 21 A. I don't. 22 A. In the draft of the LD Rs, yes. 22 Q. Industrial uses are currently prohibited 23 Q. Lá's go to the uses prohibited. Do you know 23 under the CF designation on this parcel, correct? 24 if residential uses are currently prohibited in the CF 24 A. Yes. 25 designation? 25 Q. Do you know if.Jlllder the county code which 22 (pages 85 to 88) Esquire Deposition Services - (305)371-2713 Page 89 Page 91 1 applied to this parcel before the enactment by the city 1 A. I don't know that. 2 of its code whether industrial uses were permitted uses 2 Q. Do you know if there's any government 3 on this parcel? 3 subsidies or any governmental funding participation in 4 A. I don~ know. 4 any those facilities? 5 Q. Do you know under the County Code, which then 5 MS. LEWIS: Object to the form. 6 applied, whether industrial uses were permitted under 6 THE WITNESS: I don't know. 7 the -- I'm sorry, the conditional uses on this parcel? 7 BY MR. CARRIUOLO: 8 A. I don~. 8 Q. How do you know that they are there? 9 Q. Do you know whether or not under the county 9 A. I've seen them. 10 code which then applied industrial uses were prohibited 10 Q. Do you know if those ALP facilities existed 11 on this parcel? 11 on those parcels before the 1999 enactment of the city 12 A. I don't know. 12 code? 13 Q. What is an ALF? 13 A. One existed, one was developed after the 14 A. Assisted living facility. 14 code. 15 Q. Are there any ALFs within the city currently? 15 Q. Okay. When do you recall the second ALP 16 A. Yes, there are. 16 facility being completed in terms of open for business? 17 Q. How many? 17 You don~ recall? 18 A. To the best of my knowledge, two. 18 A. I couldn~ say whether it was a year or two 19 Q. If we look back at the zoning map, would you 19 years ago. 20 be able to generally identify where those are located? 20 Q. As planning director, is it fair to say that 21 A. Yes. 21 you are involved and looked to for future growth 22 Q. I think that's in Exhibit 2, twenty-five, I 22 recommendations? 23 believe. Referring back to Exhibit 2, Page CTY 25, I'm 23 A. Yes. 24 going to ask you to use a blue pen so we can have 24 Q. Does the city, has the city engaged any 25 something different to look at. Use my blue pen and 25 consultants to get some sort of forecast of businesses Page 90 Page 92 1 designate on that zoning back the approximate locations 1 or other operations that the city ought to have in the 2 of the two ALP facilities that you're familiar with 2 future? 3 within the city? 3 MS. LEWIS: Object to the form. 4 A. Thy're on the front of a private road just 4 THE WITNESS: I don't understand that 5 north of Northeast 183rd Street in a B-2 zone. 5 question. 6 Q. Wbm you say they, are they? 6 BY MR. CARRIUOLO: 7 A. Thy're two separate but adjacent. 7 Q. Is there a consultant on staff that looks 8 Q. Okay. And if you just put an ALF in blue 8 forward and provides recommendations as to future 9 next to it and initial it. 9 growth and future uses within the city? 10 A. (Tb: wituess complied.) 10 A. No. 11 Q. Great. Just so we're clear when we read this 11 Q. To your knowledge, has anyone related to the 12 later, the blue sections are generally on the bottom 12 city conducted any analysis as to the need for ALPs, 13 left of the zoning map on CTY 25, correct? 13 additional ALPs within the city? 14 A. Yes. 14 MS. LEWIS: Object to the form. 15 Q. Na.v are these privately owned facilities? 15 THE WITNESS: Not to my knowledge. 16 A. Yes. 16 BY MR. CARRIUOLO: 17 Q. Are they privately owned parcels on which the 17 Q. Would that be something that you would be 18 facilities are located, to your knowledge? 18 involved in as planning director, determining whether 19 A. Tothe best of my knowledge. 19 or not for instance another ALF ought to be permitted 20 Q. Do you know if these are for-profit entities. 20 within the city? 21 And if I'm asking you to speculate, tell me. 21 A. Yes. 22 A. I ill not. 22 Q. Same question with regard to -- Well, strike 23 Q. Do you know if the ALF facilities that are 23 that. 24 adjacent there, are they in competition from a bnsiness 24 One of the conditional uses under the CF 25 perspective with each other? 25 designation is governmentally sponsored or subsidized 23 (pages 89 to 92) Esquire Deposition Services - (305)371-2713 Page 93 Page 95 1 residential care facilities for the aged and/or 1 or educational nonprofit organizations, correct? 2 handicapped nursing homes, convalescent homes, and 2 A. Yes. 3 congregate care facilities, correct? 3 Q. Currently, and to the best of your 4 A. Yes. 4 recollection, are there any of those types of 5 Q. Since you've been involved with the planning 5 organizations within the City of Aventura, those types 6 function at the city, have you been aware of any 6 of uses, I should say? 7 consultants that have undertaken an analysis as to 7 A. Not that I can recall, really. 8 whether or not the city needs more of those types of 8 Q. Do you have any idea what types of uses or 9 facilities within its boundaries? 9 organizations would fall within that category? 10 A. I don't understand the question. 10 A. Perhaps the Red Cross organization offices. 11 Q. To your knowledge, has anyone at the city 11 Q. How about Elks Lodge? 12 conducted any analysis as to whether or not the types 12 A. That type of thing. 13 of facilities that I just described that you need more 13 Q. Is there a federal post office within the 14 of them in the city? 14 city? 15 A. No one at the city, no. 15 A. Yes. 16 Q. Are you aware of any types of studies of that 16 Q. I assume there's several? 17 type concerning the city of Aventura? 17 A. One. 18 A. No, I'm not aware. 18 Q. Has there been any analysis, to your 19 Q. How about hospitals and clinics, that's also 19 knowledge, as to whether or not a federal post office, 20 a conditional use under the CF designation, right? 20 an additional post office is needed within the city? 21 A. Yes. 21 A. Not to my knowledge. 22 Q. Do you know if anyone related to the city or 22 MR. CARRIUOLO: Unless you have an objection 23 engaged by the city has conducted an analysis as to 23 here, I was just going to utilize crY 490 as a 24 whether or not additional hospitals or clinics are 24 separate exhibit as opposed to marking the whole 25 needed within the city to serve the public? 25 thing; is that all right? Page 94 Page 96 1 A. Na 1 MS. LEWIS: I thought you were marking tills 2 Q. Amther conditional use under the CF 2 entire thing. She's already testified from some 3 designation is nonmunicipal governmental facilities and 3 ofi!. 4 buildings, correct? 4 MR. CARRIUOLO: Okay, that's fme. We1l do 5 A. Yes. 5 it just to make sure. For the record, then, we 6 Q. Wlnt would fall under that category? 6 will mark as Exhibit 4 the documents wbich are 7 Ms. LEWIS: Object to the form. 7 Bates labeled CITY 445 through and including 708. 8 BY MR. CARRIUOLO: 8 The top page ofwbich is identified, Request 9 Q. Do you know? Do you know wbat would fall 9 Numbers 3, 5, and 15. 10 within that category? 10 (The document was marked Plaintiff's Exbibit 11 A. Nœmunicipal buildings. 11 Number 4.) 12 Q. Wdl, governmental facilities and buildings? 12 MS. LEWIS: Tony, do you know who labeled 13 A. Nœmunicipal. 13 this? 14 Q. Okay. Can you give me some examples of 14 MR. CARRIUOLO: We did, I believe. 15 nonmunicipal governmental facilities and buildings tbat 15 MS. LEWIS: I mean Bates stamped. 16 currently exist within the city? 16 MR. CARRIUOLO: That's correct. 17 A. If tho fire station is owned by the county, 17 MS. LEWIS: Let the record reflect that it 18 that's a nonmunicipal government building. 18 hasn't been identified by tills witness and you're 19 Q. Anything else that comes into mind tbat would. 19 just using it as an exbibit and ¡don't have a 20 fall within that category tbat currently exists? 20 copy. 21 A. Tœ library is one. 21 BY MR. CARRIUOLO: 22 Q. Anything else? 22 Q. Ms. Carr, did you attend any of the city 23 A. Net that I can recall. 23 commission meetings in 1999 at whicb the land 24 Q. Amther conditional use under CF designation 24 development regulations were being discussed? 25 is private, fraternal, civic, charitable, professional 25 A. Yes. 24 (Pages 93 to 96) Esquire Deposition Services - (305)371-2713 Page 97 Page 99 1 Q. Were there land development regulations 1 we've identified by Bates labeling, are these all from 2 approved by the City Commission through the first and 2 the backup file? 3 second reading process? 3 A. Thy appear to be. 4 A. Yes. 4 Q. Okay. To the distinction of the George 5 Q. Were you at the first reading? 5 Berlin Park file, that's what I wanted to confirm, they 6 A. I don~ know. 6 didn~ come out of there? 7 Q. Were you there at the second reading? 7 A. TInt's correct. 8 A. Yes. 8 Q. SJ these came from the backup file, not the 9 Q. Do you recall overhearing any members of the 9 George Berlin Park file? 10 public expressing any concerns or objections over the 10 A. Nct to my knowledge. 11 fact that the land development regulations were being 11 Q. AnI generally describe, if you would, what 12 presented for adoption by the city during the 12 these backup file documents reflect. 13 summertime when many residents of the Aventura area 13 A. I tlink I have seven copies of a summary, the 14 were not there? 14 same summary. 15 A. No. 15 Q. Okay. 16 Q. Okay. Do you recall any concerns or comments 16 A. Seven copies of a summary with five pages 17 being made by anyone at the second reading concerning 17 that's entitled office building heights possibly 18 the manner in which notice was provided of the proposed 18 effected by B-2 setback requirements, dated May 17th, 19 land development regulations? 19 1999. 20 A. No. 20 Q. Okay. 21 Q. Were you involved in determining the manner 21 A. Thse next six copies -- 22 in which notice of the proposed land development 22 Q. Are the same thing? 23 regulations was to be made? 23 A. -- frcrn my review seem to be the same thing. 24 A. No. 24 Q. We apologize to theforest. Why in 25 Q. Did Ms. Kelly handle that, to your knowledge? 25 connection with a public records request concerning the Page 98 Page 100 1 MS. LEWIS: Object to the form. 1 George Berlin Park parcel did you gather up these two 2 THE WITNESS: No. 2 related documents? 3 BY MR. CARRIUOLO: 3 Ms. LEWIS: 01:>ject to the form. 4 Q. Who did, to your knowledge? If you don't 4 THE WITNE$: To the best of my knowledge, 5 know, just tell me. 5 you asked for information enactment of the land 6 A. It would be speculation, so 1 don~ know. 6 development code. 7 Q. Now I'm handing you a group of documents that 7 BY MR. CARRIUOLO: 8 were produced by the city we Bates labeled them cry 709 8 Q. AnI how did these B-2 related documents 9 througb and including 820. Please tell me if you can 9 relate to the land development code enactment? 10 tell me what those documents are. And while you look 10 A. Thy appear to be some type of review 11 through those, I'm going step out for a moment. 11 conducted by city staff before enactment. 12 (Thereupon, a briefrecess was taken.) 12 Q. Doyou know who conducted the review that 13 BY MR. CARRIUOLO: 13 you're referring to? 14 Q. Ms. Carr, have you had an opportunity to 14 A. Nq I don~. 15 review the documents Bates labeled by us as cry 709 15 Q. Yœ weren't involved in it? 16 through and including 820? 16 A. No 17 A. Yes. 17 Q. Do you know who actually prepared the pieces 18 Q. Are you familiar with these documents? 18 of paper, the writings that you're looking at? 19 A. I gathered these documents as a result of 19 A. I ill not. 20 your public records request. 20 Q. Are there other aspects other than the 21 Q. Okay. All right. Where did you obtain these 21 several copies of that five or six-page summary of what 22 documents from? 22 you've described, what else is in this group of 23 A. The backup file on the land development 23 documents? 24 regulations. 24 A. A illcument entitled to summary of proposed 25 Q. The documents that we're now speaking of that 25 land development regulations, 17 pages. 25 (Pages 97 to 100) Esquire Deposition Services - (305)371-2713 Page 101 Page 103 1 Q. AnI are you familiar with that document? 1 tbat column, yes, probably, and conditional? 2 A. Ag¡rin, just as gathering it for your request. 2 MS. LEWIS: Object to the form. 3 Q. Is there anything in that document that 3 THE WITNESS: There's a "no." 4 you're now referring to the summary which is parcel 4 BY MR. CARRIUOLO: 5 specific to the George Berlin Park parcel you're 5 Q. SO is it your understanding that that use 6 speaking of? 6 conforms, question mark column, somebody has identified 7 A. TŒre is a zoning map attached that 7 whether or not the existing use being put to the 8 designates this parcel as a community facility. 8 property complies or conforms with the city code 9 Q. AnI other than that, is there any parcel 9 designation? 10 specific information within that summary, to your 10 A. I can~ confirm that. 11 knowledge, after reviewing it? 11 Q. Do you know who prepared these columns, these 12 MS LEWIS: O~ect to the form. 12 columnar sheets? 13 THE WITNE$: There does not appear to be. 13 A. 1 do not. 14 BY MR. CARRIUOLO: 14 Q. But these were found in the backup? 15 Q. AnI if you can continue on within this group 15 A. Yes, they were. 16 of documents and tell us what additional documents are 16 Q. When you were going through the backup file 17 within it. 17 to gather up these documents for us, did you ask 18 A. TŒ next document appears to be a list. 18 anybody about these sheets or graphs that we're talking 19 MS LEWIS: Why don~ you give him the 19 about now? 20 IRJß1ber. 20 A. No. 21 THE WITNE$: This is CTY 00762 to CTY 21 Q. How did you know that they were relevant to 22 00794 and it appears to be a listing by street 22 the LDR issues other than -- was it just because they 23 name of various properties and what the current 23 were in the backnp file? 24 zoning was, is, whether it he use conforms and 24 A. They were in the backup file. 25 another column with variances and a question mark. 25 Q. Were there any documents within the backup Page 102 Page 104 1 BY MR. CARRIUOLO: 1 file for the LDR that you did not provide to us? 2 Q. Okay. I want to make sure I understand the 2 A. Not that I recall. 3 various categories of information. What is your 3 Q. So is it fair to say, then, that whatever 4 understanding of the reference to "was" in the fourth 4 we've received from the city through your efforts from 5 column? 5 the backnp file that it's the entire backnp file? 6 A. It appears that that's the former zoning. 6 A. To the best of my knowledge, yes. 7 Q. Is it your understanding that would be under 7 Q. And you personally gathered those documents? 8 the County Code which applied? 8 A. Yes. 9 MS. LEWIS: Object to the form. 9 Q. You didn't delegate it to somebody? 10 THE WITNESS: That's my understanding. 10 A. No. 11 BY MR. CARRIUOLO: 11 Q. What else do we have within this group of 12 Q. And what is your understanding of what the 12 documents? 13 "is" column would reflect or does reflect? 13 A. The next document is CTY 00795 to CTY 14 MS. LEWIS: Object to the form. 14 00811. It appears to be an agreement and declaration 15 THE WITNESS: This appears to be city zoning 15 of covenants and restrictions. 16 categories. 16 Q. And you, again, found this also in the backup 17 BY MR. CARRIUOLO: 17 file? 18 Q. And under the next column "use conforms," 18 A. I did. 19 what is your understanding of the information set forth 19 Q. And do you know to what parcels this 20 in that column? 20 agreement applies? 21 MS. LEWIS: Object to the form. 21 A. I can read the first paragraph of the parcels 22 THE WITNESS: It says, yes, probably 22 and it identifies the parties as the condominium 23 conditional. 23 associations on it, Country Club Drive, or I don~ know 24 BY MR. CARRIUOLO: 24 whether it's all or the majority of them. 25 Q. Are those three different words you see in 25 Q. Do you know if this document relates in any 26 (pages 101 to 104) Esquire Deposition Services - (305)371-2713 Page 105 Page 107 1 way to the George Berlin Park parcel? I A I'm a member of the institute of Certified 2 A. I don~ know that, no. 2 Planners that was a course of study and examination, 3 Q. All right. And continuing on into the group 3 before you are designated. 4 of documents, tell us what comes next, if you would. 4 Q. When did you obtain that designation? 5 A. The next document 00812 to 00820, again, 5 A. I believe in 2001. 6 appears to be some type of a summary, address, street 6 MR. CARRIUOLO: Let me jusl have a moment. I 7 name, property, was proposed, use conforms, existing 7 think I'm done. 8 maximum heights, square feet, FAR, number of dwelling 8 (fhereupon, a brief recess was taken.) 9 units, possible variances required under proposed code. 9 BY MR. CARRIUOLO: 10 Q. Do you know what the FAR reference means? 10 Q. Going back to Plaintiff's Exhibit 2, we had 11 A. Floor Area Ratio. 11 talked about the page, yon had marked on the page 12 Q. Did you have any involvement in creating this 12 entitled or designated cry 25 and that's entitled 13 particular chart? 13 Aventura Zoning Map? 14 A. No. 14 A. Yes. 15 Q. Do you know who did? 15 Q. The next page cry 26 is entitled Proposed 16 A. No. 16 Aventura Zoning Map, parentheses, pending comprehensive 17 Q. Again, this was part of the LDR backup file? 17 plan amendment, closed paren. Do you know what this 18 A. Yes. 18 map was meant to signify? 19 Q. What else do you have within this group? Did 19 A. I didn~ prepare the map, so I can't confirm 20 it go to the end? 20 what it was other than exactly what the title says. 21 A. That's it. 21 There were some pending comprehensive plan amendments 22 (The document was marked Plaintiff's Exhibit 22 before rezonings were enacted. 23 Number 5.) 23 Q. Under cry 25, 1 nnderstand that this is a map 24 MR. CARRIUOLO: Fer the record, we've marked 24 purporting to show the classifications that were to be 25 as Exhibit 5 the documents cry 709 through and 25 enacted or applied once the LORs were enacted, correct? Page 106 Page 108 1 including 820, thank you. 1 A. Correct, yes. 2 BY MR. CARRIUOLO: 2 Q. And what would be the difference with regard 3 Q. Do you hold any degrees, ma'am? 3 to the pending comprehensive plan amendments? How 4 A. No. 4 would that effect the application of these zoning 5 Q. What was your training in the planning area, 5 classifications to any of the parcels on the cry 26 6 if at all, before you joined the Georgina planning 6 plan? 7 group or planning staff? 7 MS. LEWIS: Object to the form. 8 A. None. 8 THE WITNESS: I can~ confirm that for you. 9 Q. You learned on the job? 9 BY MR. CARRIUOlD: 10 A. Yes, I did. 10 Q. What is a comprehensive plan amendment? 11 Q. Aside from formal education -- Well, strike 11 A. It's a change in the land use designation of 12 that. 12 a parcel. 13 What's the level of formal education that 13 Q. By whom or by what entity or agency? 14 you've reached? 14 A. By the city by an applicant. 15 A. I completed half of my business 15 Q. At the time of the second reading of the LOR 16 administration degree. 16 ordinances that you had mentioned, were you aware that 17 Q. At what institution? 17 there were comprehensive plan amendments pending? 18 A. University of Toronto -- York University. 18 A. No. 19 Q. Is that in Toronto? 19 Q. Ms, Carr, have you been made aware of any 20 A. In Toronto. 20 other parcels within the city in which any of the 21 Q. And any certification courses or specialized 21 owners thereof have raised concerns about the effect of 22 courses that assisted you in learning about the 22 the land development regulation classifications on 23 planning functions of a governmental agency? 23 their parcels, similar to what we've been doing here? 24 A. Yes. 24 MS. LEWIS: Object to the form. 25 Q. Can you describe those for me. 25 TIIE WITNESS: Not that I can recall. 27 (pages 105 to 108) Esquire Deposition Services - (305)371-2713 Page 109 Page 11l 1 BY MR. CARRIUOLO: 1 the time? 2 Q. Is it fair to say based on wbat you do know 2 A. No. 3 of the land development regulations of the city in '99 3 Q. What was your position with the city when you 4 and the George Berlin Park parcel, that there were 4 were aware of this issue? 5 fewer permitted or conditional uses provided under the 5 A. Planner. 6 CF designation than the previous county designation of 6 Q. SO that would have been within a year, I 7 this parcel? 7 think, after you started? 8 A. I mn~ know. 8 A. Yes. 9 Q. Yru don't know tbat for sure, okay. Are you 9 Q. What was your particular involvement in 10 aware of any other parcels within the city in which you 10 attempting to resolve or address these issues with 11 believe that there was a reduction in the uses 11 Mr. Rothstein? 12 permitted or conditional available for parcels as a 12 A. I had telephone conversations. 13 result of the LDRs? 13 Q. How was the matter resolved with 14 A. I mn't know. 14 Mr. Rothstein, if it was? 15 Q. AnI nobody has ever raised tbat to you as an 15 A. He found tenants that fit the MO uses. 16 issue at all; is that right? 16 Q. Do you know if Mr. Rothstein was advised that 17 A. Thre is one owner on Biscayne Boulevard tbat 17 he would need to apply for rezoning if he wanted to 18 has raised it as an issue to me. 18 have any retail uses of less than two acre available to 19 Q. WID is that owner? 19 him? 20 A. Th name is Ira Rothstein. His property, I 20 A. No. 21 don't know wbat it was prior to our land development 21 Q. You don~ know? 22 regulations. It is now zoned medical office. He bad 22 A. I don't know. 23 concerns with the uses in that zone and expressed those 23 Q. You earlier testified that if you were aware 24 concerns. 24 of possible litigation involving a parcel and if there 25 Q. AsI understand it, under the city code it 25 was a request for a preapplication conference you would Page 110 Page 112 1 was designated as medical office? 1 refer that request to Mr. Wolpin under the City 2 A. Yes. 2 Attorney's Office, correct? 3 Q. What is the category, the acronym for it? 3 A. Yes. 4 A. MO. 4 Q. Were you aware of any other situations other 5 Q. And what was your understanding of the 5 than this, our situation in which you did that? 6 designation of that parcel under the county code which 6 A. Not that I recall. 7 applied before it? 7 Q. Okay. Would you document in any way any 8 A. The owner told me he could have retail use 8 instances in which you related or referred a 9 under the county code. 9 preapplication conference request to Mr. Wolpin at the 10 Q. And is it accurate to say that under the MO, 10 City Attorney's Office? 11 medical office, designation under the city code retail 11 A. I don't understand your question. 12 uses are not permitted? 12 Q. Would you make a note to refresh your memory 13 A. There are conditional uses with two acres. 13 that you had referred the matter to Mr. Wolpin? 14 Q. A two-acre minimum? 14 A. No. 15 A. Yes. 15 Q. When in addition to meeting with Mr. Poole, I 16 Q. Do you know the size of Mr. Rothstein's 16 think you testified earlier, did you ever have occasion 17 parcel? 17 to speak with him by phone? 18 A. It's less than two acres. 18 A. I don~ recall. 19 Q. When did this issue come up with 19 Q. Is it your practice to make notes of 20 Mr. Rothstein? 20 telephone conversations in any way when you have them 21 A. After the enactment of the code. 21 as part of your planning director duties? 22 Q. The approximate time frame after July of '99? 22 A. No, not usually. 23 A. I couldn~ give you an exact, but after it 23 Q. Not usually? 24 was enacted. 24 A. No. 25 Q. Were you the planning director of the city at 25 MR. CARRlUOLO: TInt's all the questions I 28 (Pages 109 to 112) Esquire Deposition Services - (305)371-2713 Page 113 Page 115 1 have for you at this time. 1 2 MS. LEWIS: No questions. We do not waive. Very truly yours, 3 (Thereupon, the deposition was concluded at 2 ESQUIRE DEPOSmON SERVICES 3 4 12:50 p.m.) Natalie R. Valdes 5 4 6 I do hereby waive my signature: 7 5 8 6 JOANNE CARR 9 7 cc: Harriet R. Lewis, Esquire 10 8 Said deponent did ( ) did not ( ) appear to read and 11 sign deposition. 12 9 13 10 11 14 12 15 13 16 14 17 15 18 16 17 19 18 20 19 21 20 22 21 23 22 23 24 24 25 25 Page 114 Page 116 1 ESOUIRE DEPOsmON SERVICES 1 ERRATA SHEET l02lI"~D&'YRœd 2 CASE STYLE: Aventura-Ensenada, Inc. vs. Cty of 2 BWIdin, 3. s",to 214 "omi. Florida 33179 Aventura Florida 3 3 4 ""'mbo'22.:WO3 5 "',Jo~'Cw CASE NO: 03-14305 CA27 ~o HARRIET R. LEWIS. ESO. 4 6 WEISS SEROTA 31IJ7StidmgRœd DEPO OF: JOANNE CARR 7 Fortù,"d,""',.FL 33312 5 8 RE, A"m,"~-Bœ""oda,l=."..Ci,,ofA~""". Florida DATE TAKEN: 12/3/03 9 PI_"']"m"'~""too',,3md,yof 6 10 ""'mbo,.2OO3.yoo,'"'yoo'dopooitiooio""""',, 7 PAGE LINE CORRECTION REASON "fon"""""". At....tim'.yoodid.mww", 11 W....... "i"~~"""Y""yoomgny~ 8 """","00. 9 12 Aßp"""""ly",,""""."'""""""willbo 10 13 fu""""""yoo",oo,hyoo,"""""'. PI--'" 11 roJ]owing-""'~fu1Jy' 14 12 """".., =" m", """'dp'. roo will find 13 15 won,"""'" Aßyoo_y~dopooitioo.wy olumg~ ,,~-""""t roo wi.." umko ,hould ", 14 16 """"oo""",""....cltiog,,",,,wdlin,n=bo, 15 of,.idclurng,. DO NOTwritooo","""",pt i""lf. 17 Oo~yoo"'"""d..,"""",p,wdo"""'wy 16 oh...~."'~""mgn..,"""_~rtifiœto 17 18 "'fo",oOWYpohliowd""",,",on""""'wd "",,,""""ifi""'...,in",~lf-"'d"""" 18 19 ",,"Iopo tbat "" bo~ providod, " whioh tim, ] will 19 """'hit"",origJnW"""'riptwdfumi.h- 2U """,doring"",>,. 20 21 Ifyoo don'" ",d.wgn, wd """"'.., 21 dopoWtioowi1lori 1litrty (30) days,"'origiruit will 22 bofu~""""""'ttom,ywho"""~""'y",,, 22 .pp~f"dopooitioof"fiJin.wi""'CI"kof 23 23 "'COO11. If yoo",", "ww"'y"",m...""". w'" y~o...'in""'I""",..'bott=of1lit,I....,wd 24 24 "m'mit"~. 25 25 29 (Pages 113 to 116) Esquire Deposition Services - (305)371-2713 Page 117 Page 119 1 CERTIFICATE 1 CERTIFICATE 2 2 3 STATE OF 3 TheS",,", of Florida ) 4 Coonty nfDode ) 4 COUNTY OF 5 5 I, NATAllE R. VALDES, Conn Report", do he"hy 6 I hereby certify thaI I have read the foregoing 6 oertüy that JOANNE CARR, was by me filst duly swom to transcript of my deposition by me given, aDd that the testify the whole truth; thot I was authorized to and 7 statements contained therein are tme aDd correct to 7 did "'port "id deposirion in stenotype; ond that the the besl of my knowledge and belief, with aoy exception foregoing pages, numbered I to 113, inclusive, are a 8 true and roITeet Ira"",iption of my shorthand notes of 8 of attached corrections, if any. said deposition. 9 Dated this - day of 9 2003. 1 furth" certify thot the "id deposition w," 10 10 "'ken ot the time .nd pl.oe h"einabove set forth and thot the taking of "id deposition was rommenced and 11 11 rompleted," hereinabove setont. JOANNE CARR 12 Ifurth"oertifythotIomnotottomeym 12 counsel of any oftheporties, no, amI a "totive or The foregoing certificate was subscribed to 13 employee nf any attomey m counsel m party conneeted 13 before me this _day of .2003, by with the action, nm om Ifmoncially int"ested in the JOANNE CARR. 14 action, 15 The foregoing oertifiestinn of this tt~cdpt 14 does not opply to ony "production of the "me by any 15 16 means unless ond" the di"ct canttol and/or ditection Notary Public-State of Florida of the certifying "port". 16 My Commission Expires: 17 IN WITNESS WHEREOF, I hovo he"onto "t my hond 17 18 ond seal this 18th day of Deoembe" 2003. 18 19 19 20 20 NATAllER, VALDES 21 Certified Conn Report" 22 21 22 23 23 24 24 25 25 Page 118 1 CERTIFICATE OF OATH 2 3 STATE OF FLORIDA) 4 COUNTY OF DADE ) 5 6 I, the undersigned authority, certify that JOANNE 7 CARR personally appeared before me and was duly sworn. 8 WITNESS my hand and official seal this 18th day 9 of December, 2003. 10 11 NATALIE R. V ALOES 12 Notary Public, State of Florida My commission # CC 895020 13 My commission expires: 12-18-03 14 15 16 17 18 19 20 21 22 23 24 25 30 (pages 117 to 119) Esquire Deposition Services - (305)371-2713 Page 1 A 63:8,10 69:5 72:25 53:2461:2062:25 104:23 109:2 able 24:1741:789:20 77:21 79:11,14 80:12 63:1264:675:18 assume 31:23 52:13 basically 57:20 about 5:256:6,168:8 82:3,12 101:2 104:16 76:20 101:18,22 95:16 basis 27:17 28:20 10:2,3 13:10 14:19 105:5,17 102:6,15 104:14 ATJC 41:16 basketball 22:11 14:2515:5,12,20 aged 93:1 105:6 attach 61:12 114:19 Bates 37:13 38:5,9,22 16:1420:627:20 agency 5:1767:6 applicable 21:10 84:18 attached 38:13 61:13 75:886:1896:7,15 28:12 29:3,6,18 30:1 106:23 108:13 applicant 80:984:20 101:7 117:8 98:8,1599:1 30:3,4,1731:15 ago 19:14,14,15 80:1 108:14 attachment 40:2 became 9:14 13:11 32:20,2434:1935:11 91:19 application 16:6 25:4 attempting 111:10 14:5 15:18 16:13 35:1536:2245:2,7 agreed 114:12 31:2460:2465:17 attend 96:22 22:24 51:260:10 71:13,14 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65:7 68:15 came 13:9 27:3 39:13 99:8 canal 55:20 capacity 47:19 52:13 care 93:1,3 carefully 114:13 Carr 1:11 2:15 3:3,10 3:11 38:21 45:25 75:785:1296:22 98:14108:19114:5 115:6 116:4 117:11 117:13118:7119:6 CARRIUOLO 2:5,16 3:86:8,10 9:21 11:8 12:17 13:23 15:15 17:13,17,2023:3 24:1,6,21 25:13 26:10 27:13,16 28:16 28:1929:132:23 34:2435:1 37:19,22 38:1,4,9,13,17,20 39:1645:15,19,22,24 47:2348:1 50:1 51:10 53:9 54:9,14 55:156:12,19,22 58:2361:1,9,1865:3 65:10 66:24 67:16,17 68:1,17,2071:22,23 72:2,7,1373:17,20 74:2075:2,677:1 79:2481:8,21 82:4 83:1,1985:11,19 91:792:6,1694:8 95:2296:4,14,16,21 98:3,13 100:7 101:14 102:1,11,17,24 103:4 105:24 106:2 107:6,9 108:9 109:1112:25 case 1:3 78:2,9 80:17 116:2,3 categories 102:3,16 category 51:794:6,10 94:2095:9 110:3 cause 1:16 cansed 62:2,3 cc 115:7 118:12 CD31:30 76:14 center 22:6,1641:15 42:643:16,1869:4 69:17,19,20,2570:4 70:6,9,25 centers 85:18 certainly 49:6 certificate 114:17,18 117:12118:1 certification 106:21 119:15 Certified 1:13 107:1 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17:9 scheduled 78:12 scheduling 79:18 80:4 schooI46:1585:17 sca1118:8 119:18 second 36:22 37:2 45:2169:1870:17,20 70:2391:1597:3,7 97:17 108:15 section 9:2335:1246:5 46:9,12 52:5 54:20 55:576:14 sections 84:5 90:12 see 17:9 20:132:12 39:1,13 42:2,23,24 53:554:5,11 75:22 76:11102:25 seeing 11:4 39:2 48:3 seem 99:23 seen 10:23 20:4,8 91:9 self-addressed 114:18 senior 4:7,18 sentence 56:24 57:10 57:17 separate 36:6 90:7 95:24 September 56:1461:14 Serota 2:861:21114:6 serve 93:25 service 61:13 SERVICES 1:24 114:1 115:2 set 10:24 102:19 119:10,11,17 setback 99:18 setbacks 84:4 seven 99:13,16 several 95:16 100:21 sheet 46:6 114:15,16,18 sheets 103:12,18 shooting 52:24 Shops 52:16 shorthand 119:8 show 37:2338:1444:7 56:13 74:23 76:12 107:24 showing 38:7 shown 77:3 sign 11:9,11 20:18 51:25114:11,17,21 114:23115:8 signature 56:18,20 61:14 114:11,23 115:4 signed 56:21 signify 107:18 similar 53:23 108:23 since 4:4 18:5 29:6 30:1931:3,732:6 33:2245:565:11 93:5 Singerman 1:18 2:3 sit 67:9,13,21 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staff8:15 73:4 74:6,15 74:21 84:1092:7 100:11106:7 stages 16:5 stamp 63:13,14,16 stamped 38:2296:15 standard 84:12 standing 53:3 start 64:23 started 16:22 111:7 state 1:14 3:9117:3 118:3,12 119:3 statement 46:19 56:4 85:23 statements 117:7 station 86:6 94:17 stations 85:18,24 status 70:13 71:1 stenotype 119:7 step 98:11 still 17:21 19:11 25:15 26:6,1546:10 49:19 63:1981:1,586:19 Esquire Deposition Services - (305)371-2713 Page 9 stimulate 65:23 Stirling 2:8 114:6 stories 13:8 15:21 53:14,15,1854:20,25 55:12 street 21:25 22:4 23:8 52:754:669:270:5 70:2590:5 101:22 105:6 strike 10:6,20 15:16 26:332:751:18 62:2163:2564:17 66:1767:1884:7 92:22 106:11 studies 93:16 study 107:2 STYLE 116:2 subject 70:20 submit 73:19 submitted 84:2 Subparagraph 76:15 subscribed 117:12 subsequent 13:14 29:16 subsequently 4:16 subsidies 91:3 subsidized 92:25 substance 13:15,16 14:10 15:10 29:21 45:1,10 sued 80:17 Suite 1:19 2:4 114:2 sum 45:9 summary 99:13,14,16 100:21,24 101:4,10 105:6 summertime 97:13 support 57:17 69:25 70:8 supported 70:8 sure 17:19 23:11,12 28:11 31:1846:10 66:875:1576:22,23 84:396:5 102:2 109:9114:17 surprised 80:16 surrounding 66:15 sworn 3:5118:7119:6 syuagogue 22:20 system 57:21 .---- T T 2:18 116:1,1117:1,1 119:1,1 take 9:4 17:1422:19 38:340:2447:15 55:2056:1671:3 84:9114:9 taken 1:13 3:12 38:19 85:10 98:12 107:8 116:5 119:10 taking 1:15119:10 talk 71:24 talked 31:1560:10 71:25 107:11 talking 10:1,3 13:10 14:2520:627:20 35:10,1536:2271:13 71:1976:6 103:18 taxes 21:7 telephone 111:12 112:20 tell 7:7 11:4 14:19 27:5 27:23,2528:3,24 29:21 30:25 34:18 37:1440:2541:7,14 44:2551:253:11 65:1568:2571:19 72:24 82:2,11 90:21 98:5,9,10 101:16 105:4 telling 79:6 tells 34:14 ten 53:18 54:20,24 tenants 111:15 Teresa 17:24 29:25 term 13:21 terms 5:12 6:21 49:9 57:2573:2481:6 91:16 testified 3:520:17 30:1644:2145:6 96:2 111:23 112:16 testify 119:6 testimony 25:1943:19 79:1,25 thank18:841:10,18 44:13,13 77:2 106:1 their 51:3 57:1,8,24 74:5 108:23 thereof 108:21 thing 53:595:12,25 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66:8 76:21 102:2 wanted 24:8 99:5 111:17 wants 24:2 wasn't 9:8 waste 20:5 waterways 51:21 52:1 52:4,10,14,16,19 55:21 way 14:25 21:5 25:16 46:750:256:2,4 105:1112:7,20 Wednesday 1:18 Esquire Deposition Services - (305)371-2713 Page 10 week 19:14,15 weekend 5:24 Weiss 2:861:21114:6 well 10:6,20 16:13 20:1221:2422:24 26:232:734:1840:3 40:1841:1643:6 48:2549:24 51:18 57:1961:1263:25 64:1766:1768:14 70:2071:24 77:22 85:692:2294:12 106:11 went 5:19 16:18 were 4:14,22 5:3 6:14 7:13 9:7 15:2118:14 20:925:20,2126:14 31:10 33:5 34:19,21 35:241:748:1449:2 57:5,7,11 60:19 62:1069:13,15,16,18 70:5,672:2077:14 80:1687:4,10,13,23 87:2588:3,12,15,19 89:2,6,10 96:1,24 97:1,5,7,11,14,21 98:8 103:14,15,16,21 103:23,24,25 107:21 107:22,24,25 108:16 108:17 109:4 110:25 111:4,23 112:4 weren't 100:15. west 12:24 23:7 41:12 51:1253:24,2554:10 54:21 70:1,2,4 we'll 41:7 43:7 50:17 96:4 we're 6:3 10:10 13:10 26:2227:1932:4,13 33:5,836:2239:17 44:1752:2158:10 61:362:13 63:22 64:1577:2,2082:6 90:11 98:25 103:18 we've 24:10 43:7,10 99:1104:4 105:24 108:23 WHEREOF 119:17 while 31:1037:21 65:1698:10 whole 95:24 119:6 wife 18:2 wish 38:1547:976:16 114:15,23 wishes 73:4 84:16 witness 2:14 3:6 9:20 11:715:1417:11 23:23 24:5,2025:12 26:927:1528:25 32:2234:2540:20 1 -- 12:2037:1338:10,22 119:7 10:00 1:20 10001:192:4 1021114:1 1052:24 10761:19 113 119:7 11462:22 12-18-03118:13 12/3/03 116:5 12:501:20 113:4 12763:8 12964:6 13 48:8 13137:13 38:10,22 14746:10 ___n__- 1548:1396:9 17100:25 17th 99:18 -- 1856:14 18th 118:8 119:18 183rd 90:5 18821:2522:469:1 70:5,25 19-what 18:6 190th23:8 199848:20 -- 1999 4:12 18:12,17 25:1626:5,2439:5 39:2448:857:20 91:11 96:23 99:19 41:9,11,1742:1,16 42:2244:1247:24 51:654:13,2356:10 58:2260:21 65:1,8 67:2468:1871:20 72:573:1874:18 76:2479:2281:19 82:2,2483:1785:16 90:10 91:6 92:4,15 96:1898:2 100:4 101:13,21102:10,15 102:22 103:3 108:8 108:25118:8119:17 Wolpin 19:5 77:25 79:1280:3 112:1,9 112:13 Wolpin's 79:19 words 46:23 64:22 102:25 work19:2142:12 48:1871:15 working 5:14 worship 46:14 wouldn't 81:16 write 114:16 writings 100:18 wrote 45:16 x X 2:12,18 -- ------~- year4:911:2416:14 29:1491:18 111:6 years 48:13,22,23 91:19 York 14:20 106:18 -- Z wue 51:13,1556:11 69:6,2584:3 85:16 90:5 109:23 zoned33:357:6,7,11 109:22 wning 7:10 8:2,12,15 8:1918:13 21:10,13 25:432:9,11,16 35:15,2239:20,24 40:3,543:946:247:1 47:2048:11 51:6 52:21 55:18,23 57:21 57:2560:2363:4 65:1269:470:5,6 83:586:21 89:19 90:1,13 101:7,24 102:6,15 107:13,16 108:4 ------ 0 ----- 00762101:21 6th 70:18 612:22 2 -- -- 651-07061:25 22:2139:15,1740:4,19 _____n- 41:145:2046:1 48:2 -- 61:2063:989:22,23 70896:7 107:10 70998:8,15 105:25 2055:12 20th 70:16 200 1:19 20014:13 107:5 20024:4,257:848:3 20031:1856:1561:14 114:4,10 117:9,13 118:9 119:18 207th 52:8,9 214114:2 22 114:4 2539:1940:4,9,15,18 00794101:22 00795 104:13 00811104:14 00812 105:5 00820105:5 025:6,187:5,13,13 16:19 03-143051:3 116:3 48:3 50:23 52:22 61:1489:2390:13 107:12,23 2615:2149:14107:15 108:5 271:345:25 116:3 2948:249:18 __n __n 3 -- 3 1:18 2:16,22 56:16,16 56:2561:10,15,17 96:9114:2 3rd 114:9 30114:21 30th 21:2522:14 3051:25 3146:9 31-14746:5 31-71 76:14 31072:8114:6 33179114:2 333012:4 333122:9 114:7 34th 9:336:10 41:3 61:2563:22 3502:3 392:21 Page 11 109:3 110:22 99-1032:939:25 Esquire Deposition Services - (305)371-2713 4 42:23 96:6,11 445 96:7 490 75:9 77:4 95:23 -_._.~- 52:2475:13,1696:9 105:23,25 5049:15 501.3 75:23 57686:18 ------ - u-n- 6 -- 7 ----- --- -- 8 --- 82098:9,16106:1 895020118:12 ---- 9 9518:7,8 962:23 9849:3 99 4:13,159:7 18:13 25:2226:1533:6 34:1646:349:3 Page I Page 3 1 tN THE CIRCUIT COURT OF THE 1 ERIC M. SOROKA ELEVENTH JUDICIAL CIRCUIT tN AND FOR 2 was called as a witness by the Plaintiff, and 2 MIAMI-DADE COUNTY, FLORIDA CaseNo.03.14305CA27 3 having been first duly sworn, testified as 3 4 4 follows: Sworn witness 5 A VENTURA - ENSENADA. INc.,' Florida 5 THE WITNESS: I do. cmporntion. 6 DIRECf EXAMINATION 6 PI,intiff, 7 BY MR. CARRIUOLO: 7 8 Q Would please state your full name? vs. 8 9 A Eric Soroka. CITY OF AVENTURA, FLORIDA.. Flnrid. 10 Q What is your current occupation, sir? 9 municipal cmpnrntion, 10 Defendant. 11 A City Manager for the City of Aventura. --------------------x 12 Q How long have you held that position? 11 12 13 A Since June of 1996. 13 14 Q When did Aventura become a municipality? 14 DEPOSITION OF ERIC M. SOROKA 15 15 A In November of 1995. 16 16 Q How were you employed before June of '96? 17 Thurnday, Deoemh" 18. 2oo3 3,40p.m,-5,oop.m. 17 A I was witb the City of Miramar as their City 18 192oo West Country Club Drive 18 Manager. Aveotnrn, Florid. 33180 19 19 Q For how long? 20 20 A Five years. 21 22 Reported by SheriIynn McKay, RMR, CRR 21 Q And prior to Miramar, what was your Nn"ry Public, s"te nf Florid. 22 occupation? 23 Esquire Deposition Se",i= NorthMiamiOffioe 23 A I was with the City of Nortb Lauderdale, for 24 Job No. 594398 24 ten and a half years, as their City Manager. Phnne (305)651-0706 25 Q In total, how long have you been involved in 25 Page 2 Page 4 1 APPEARANCES 1 governmental affairs? 2 ForthoPI.inliff, BERGER, SINGERMAN 2 A About 25 years. 3 By, ANrnONY J. CARRJUOLO and 3 Q Generally, what are your duties as City SAMUEL E. POOL Ill, ESQS. 4 10th FI~I, Los 01" Cootro II 4 Manager of the City of Aventura? 350""" Los 0"" Bonlovard 5 A Implement the policies adopted by the City 5 Fort ¡"ud"dalo, Florida 33301 6 6 Commission and oversee the day-to-day operations of the For tho Defondant 7 City. 7 WEISS, SEROTA. HELFMAN, PASTORIZA & GUEDES,PA 8 Q If a piece of legislation is being proposed to 8 By, STEPHANIE DEUTSCH, ESQ. 9 the City Commission, do you and your staff have any Suite 300 9 3107 Stitling Ro,", 10 particular role in that? Fort ¡"ud"dalo, Florida 33312 10 11 A We basically review it before it's put on the 11 12 agenda. 12 --- 13 Q For what do you review it? 13 14 A In some cases we make recommendations, and to 14 INDEX 15 ensure that it meets requirements of the City, and 15 16 WJTNESS PAGE 16 review with the City Attorney. ERICM. SOROKA 17 Q Does your office review in terms of proper 17 DIRECf EXAMINATION BY MR. CARRlUOLO 3 18 18 notice of proposed legislation? 19 ", 19 A No, 20 21 EXHIBITS 20 Q Who within the City does that, or would be PAGE 21 responsible for that? 22 Dopœition Exlribit No.1 8 DopœitionExhibitNo.2 12 22 A Depending on what the item would be, City 23 Dopœilion Exlribit No.3 12 23 Clerk, the planning director, for planning items, and DopœitinnExlribilNo,4 29 24 Depœilinn Exlribit Nn, 6 43 24 the City Attorney, Depœitinn Exhibit No.7 45 25 25 Q Are you familiar with George Berlin Park? 1 (pages 1 to 4) Esquire Deposition Services - (305)371-2713 Page 5 1 A Yes. 1 2 Q And where is George Berlin Park? 2 3 A It's located on Country Oub Drive and 34th 3 4 Avenue. 4 5 Q And when did you first become familiar with 5 6 George Berlin Park? 6 7 A Probably in 1996. 7 8 Q How did you become personally familiar with 8 9 it? 9 10 A The sign on the property. 10 11 Q Was that after you had become City Manager of 11 12 the City? 12 13 A Yes. 13 14 Q Prior to that instance, did you ever have an 14 15 occasion to observe that piece of property beforehand? 15 16 A Prior to me becoming the City Manager? 16 17 Q Yes. 17 18 A No. 18 19 Q Do you know who owns that property? 19 20 A No. 20 21 Q Are you familiar with tbe Joint Council of 21 22 Aventura? 22 23 A 1 know who they are. 23 24 Q Would you describe who they are, please. 24 25 A It's an entity that was created to perform 25 Page 6 1 maintenance functions around the Country Club Drive 2 area. 3 Q Do you know when the Joint Council came into 4 existence? 5 A N<l 6 Q Do you know if it was in existence at the time 7 tbat you first became City Manager? 8 A Yes. 9 Q Do you know who put the sign up on the parcel 10 that we've been speaking of at George Berlin Park that 11 reads George Berlin Park? 12 A No, no, I don't know. 13 Q 'I'h:re's a flag pole and flag on that site. 14 Correct. 15 A 1 believe so. 16 Q Do you know who put that there? 17 A N<l 18 Q Do you know who maintains that parcel in terms 19 of cutting the grass? 20 A N<l 21 Q When is the last time you spoke with George 22 Berlin? 23 A Spoke with George Berlin? 24 Ms. DEUTSCH: O~ect to the form. 25 Yœ can answer. Page 7 BY MR. CARRIUOLO: Q Go ahead. A Tlree weeks ago. Q Have you had any discussions with Mr. Berlin concerning the George Berlin Park parcel that we're speaking of today? A N<l Q Has Mr. Berlin indicated in any words he's used that he is aware of this lawsuit? Ms. DEUTSCH: Can you just repeat tbat? BY MR. CARRIUOLO: Q Has Mr. Berlin indicated tbat he knows of this lawsuit to you. A N<l Q Have you instructed or directed any of your staff to investigate how George Berlin park came to be? A N<l Q Are you familiar with Aventura Ordinance No. 99-O9? A Wlnt is the title of that? Q Okay. I'm going to show you a copy of the ordinance. Let me just make sure this isn't a mark-up copy. Here you go. MR.CAJUUUOLO: Imveacopyfuryo~ Page 8 1 Stephanie. 2 MS. DEUTSCH: Are you going to mark this 3 as an exhibit? 4 MR. CAJUUUOLO: Yes. 5 TIlE WITNESS: Yes. 6 BY MR. CARRIUOLO: 7 Q For the record, I've handed you the document 8 Bates labeled City 446 through 448. And correct me if 9 I'm wrong, but this is a copy of 99-09. 10 A Yes, it is. 11 Q And you were City Manager at the time this was 12 passed on first and second reading? 13 A Yes. 14 Q And the City Clerk is your wife. Correct? 15 A Yes. 16 Q That's her signature on this document? 17 A Yes. 18 Q Mr. Snyder was the mayor at the time of this 19 adoption. Correct? 20 A That's correct. 21 MR. CARRIUOLO: We'll mark 99-09 as 22 Exhibit 1. 23 (Deposition Exhibit No.1 was marked 24 for identification.) 25 BY MR. CARRIUOLO: Esquire Deposition Services - (305)371-2713 2 (pages 5 to 8) Page 9 Page 11 1 Q With regard to 99-09, what was the purpose of 1 Q Were you present at the first reading of 2 tbis ordinance? 2 Ordinance 99-09? 3 A It's an ordinance adopting the new land 3 A Yes. 4 development regulations for the City of Aventura. 4 Q Were you present at the second reading? 5 Q Am was it your understanding that prior to 5 A Yes. 6 the adoption of this ordinance the land use regulations 6 Q Do yon recall any members of the community 7 applicable to parcels within the City were governed by 7 voicing any concerns about the timing of the proposal 8 the Dade County Code? 8 of the ordinance in relation to the fact that there's 9 A TInt's correct. 9 somewhat of a seasonal population in Aventura? 10 Q Am what involvement did you personally have, 10 A No. 11 if any, in the development of the land development 11 Q Do you recall any members of the audience at 12 regulations? 12 the second reading raising concern about the changes in 13 A I wŒked with staff in preparing the document 13 uses that the LDRs, if passed, might have on their 14 for presentation to the commission. 14 parcels? 15 Q Arrj particular task that you were responsible 15 A May have been. I just don't remember. 16 for in connection with bringing those regulations to 16 Q Other than Aventura-Ensenada, Inc., initiating 17 the City Commission? 17 the lawsuit for which we're here today, has the City 18 A ills particular task? I was involved with 18 been the subject of any claims or disputes relating to 19 overviewing and reviewing the entire draft document. 19 the effect of the LORs on any other parcels within the 20 Q Do you know if tbe City staff, prior to the 20 City? 21 passage of this ordinance, undertook any effort to 21 A I don't recall offhand. 22 investigate the effect whicb the passage of this 22 Q I'm going to mark as Exhibit 2 a copy of 23 ordinance might have on development of parcels within 23 Ordinance 99-10, which is comprised of documents Bates 24 the City? 24 labeled City 449 through 451. Just take a look at that 25 A OIl you clarify what you mean by "effect"? 25 and confirm that I have accurately described that Page 10 Page 12 1 Q That is a change in either permitted, 1 document. 2 conditional or probibited uses on the parcel as 2 A Okay. 3 compared to those which existed on tbose parcels before 3 (Deposition Exhibit No.2 was marked 4 under the code of Dade County. 4 for identification.) 5 A I donHrnow. 5 Q Is that indeed a copy of Aventura Ordinance 6 Q Do you know if any studies were done at all 6 99-10? 7 with regard to the effect of this ordinance on any 7 A Yes. 8 parcels within the City? 8 Q Do you recognize the City Clerk's siguature on 9 A There may have been, I just don~ recall. 9 the third page? 10 Q If there were, what group of City staff do you 10 A Yes. 11 believe would have been responsible for that? 11 Q And the signature of Mr. Snyder as mayor? 12 A That would have been the Community Development 12 A Yes. 13 Department, the planning division. 13 Q And on both 99-09 and 99-10, Exhibits 1 and 2 14 Q And at the time of the ordinance 99-09 being 14 respectively to your deposition, do you recognize 15 passed by the City Commission, the community 15 Richard Weiss' signature as City Attorney? 16 development director was Ms. Kelley? 16 MS. DEUTSCH: Object to the form. 17 A I believe so. 17 A Yes. 18 Q And when is the last time you've spoken with 18 Q And you're familiar with Mr. Weiss from your 19 Ms. Kelley? 19 City of Miramar days. Correct? 20 A Let's see. About a year and a half ago. 20 A Correct. 21 Q Have you spoken to Ms. Kelley at all with 21 Q What was the purpose of 99-10? 22 regard to the issues now existing between 22 A This is an ordinance that adopted the official 23 Aventura-Ensenada, Inc., and the City concerning this 23 zoning map for the City of Aventura. 24 parcel? 24 (Deposition Exhibit No.3 was marked for 25 A No. 25 identification.) 3 (pages 9 to 12) Esquire Deposition Services - (305)371-2713 Page 13 Page 15 1 Q I'm ¡ping to hand you Exhibit 3, which is 1 A Not for another library, no. 2 Bates labeled City 894. And if you could please 2 Q Continuing counterclockwise, at about the 3 confirm for me that this is the zoning map duly adopted 3 7 o'clock position is another CF parcel. Can you tell 4 under 99-10 as of July 1999. 4 me what's located there? 5 A Okay. 5 A That's the Aventura City Government Center. 6 Q Is it? 6 Q Is that where we are right now? 7 A Yes. 7 A Correct. 8 Q I five highlighted on this exhibit in yellow 8 Q And then about 6 o'clock on this map, at the 9 highlighting six parcels which reflect a CF 9 bottom, what's that other CF designation? 10 designation. Do you see those? 10 A That's the City of Aventura Community 11 A Yes. 11 Recreation Center. 12 Q Is it your understanding that there are six 12 Q What is generally there? 13 parcels within the City of A ventura that have the CF 13 A Recreation center, which is comprised of a gym 14 designation currently? 14 and classrooms and exercise rooms and a park. 15 A If trot's what's on the zoning map, yes. 15 Q And at about the 4 o'clock position on this 16 Ms. DEUTSCH: Just object to the form. 16 map, way to the right, what does that CF designation 17 BY MR. CARRIUOLO: 17 indicate? 18 Q Are you familiar with the fact that the George 18 A Don~ know. 19 Berlin Park parcel that we're speaking of has a CF 19 Q I'm not sure where Founders Park is. Is that 20 designation? 20 possibly -- 21 A TInt's what it shows on the map. 21 A No. That's not Founders Park. 22 Q wœre do you see that George Berlin Park 22 Q Where would Founders Park be on this map? Can 23 parcel on this map? 23 you identify it? 24 A (InJicating). 24 A Right there (indicating). These two parcels 25 Q Tœ topmost CF designation? 25 here. Page 14 Page 16 1 A Yes. 1 Q The ROS, right next to City Hall? Go ahead. 2 Q AnI going counterclockwise, just to the left 2 If you can mark it. 3 top of the zoning map, what is the next CF designation? 3 A And a piece of it comes across. 4 What is there, physically? 4 Q Okay. Roughly there? 5 A TU'Ilberry Jewish center. 5 A Yeah, somewhere there. 6 Q Is that the one we passed on A ventura 6 Q What does the ROS designation mean, to your 7 Boulevard to get here, I presume? 7 recollection? Is it on here? Oh, yes, "recreation 8 A ftobably. 8 open space." 9 Q Do you know if there are any residential units 9 A There you go. 10 at the Turnberry Jewish center? 10 Q That is according to the legend at the left of 11 A No, I don't believe so. 11 this exhibit? 12 Q So you would expect a traditional synagogue 12 A Right. 13 and ancillary uses? 13 Q Do you know of any reason why the George 14 A Cmect. 14 Berlin Park was not designated as recreation open 15 Q Ag¡rin going counterclockwise, directly below 15 space? 16 the Turnberry Jewish center, what is the next physical 16 A No. 17 use of that CF designated area? 17 MS. DEUTSCH: Object to tbe form. 18 A I believe that's the Miami-Dade County Library 18 BY MR. CARRIUOLO: 19 branch and fire station. 19 Q Who made the decision to apply the CF 20 Q Have there been any studies conducted to 20 designation to the George Berlin Park parcel? 21 determine if the City of Aventura is in need of another 21 A City Commission of the City of Aventura. 22 fire station? 22 Q Did anyone of your staff recommend that 23 A No. 23 designation to them? 24 Q How about library? Any current studies as to 24 A I believe the planning department did. 25 whether or not you need another library here? 25 Q Would that have been Ms. Kelley's area? 4 (Pages 13 to 16) Esquire Deposition Services - (305)371-2713 Page 17 Page 19 1 A Correct. 1 were undeveloped at the time of the zoning map being 2 Q And 1 take it from your answers that you were 2 adopted. Correct? 3 not party to any conversations about whether or not 3 A Correct. 4 that designation was appropriate for that parcel. 4 Q Just for completeness, I assume George Berlin 5 Correct? 5 Park also came within that. Could you just circle that 6 A There was some discussions that we had about 6 as well? 7 that designation. 7 A Well, it depends on-- 8 Q Okay. Tell me what those discussions were. 8 MS. DEUTSCH: Object to the form. 9 A Well, we looked -- I think what the staff did, 9 A -- the term "developed." 10 they looked at what the existing uses were on the site. 10 Q Okay. How did you use the term "developed" 11 Q And you were party to those discussions? 11 when you circled some but not all? 12 A I believe so, yeah. 12 A They were vacant parcels. 13 Q Now, at the time of July 13, 1999, which I 13 Q "Vacant." Why didn't you circle the George 14 believe was the day on whicb these ordinances and 14 Berlin Park parcel as being vacant? 15 zoning maps were adopted -- I guess we could look at 15 A Because it was developed as a park. 16 tbat real quickly -- yes. Were there any, other than 16 Q What told you at the time of this zoning map 17 the George Berlin Park, were there any other 17 adoption that the parcel, I guess to the southeast of 18 undeveloped pieces of property within the City of 18 the George Berlin Park, which is indicating an RMF3, 19 Aventura? 19 whether tbat was vacant or not? What did it look like? 20 A Undeveloped parcels? Yes. 20 A An open field. 21 Q I assume one is the Founders Park. 21 Q Just weeds, but otherwise not manicured? 22 A I misunderstood your question. You're saying 22 A Correct. 23 is there any undeveloped parcels in the City at all? 23 MS. DEUTSCH: Object to the form. 24 Q At the time of this zoning map. 24 Q And do you know why that particular open field 25 A Yes, there were. 25 was given a desiguation of RMF3? Page t8 Page 20 1 Q ClI1 you identify, give me an example on the 1 A I don't recall the exact thinking that went 2 zoning map, please. 2 into that parcel, no. 3 A Tlis parcel designated RMF3 was undeveloped. 3 Q Is it your belief and understanding that if 4 This parcel on the comer that's designated RMF4 was 4 there was no George Berlin Park sign on the parcel that 5 undeveloped. 5 my client owns that it would not be designated as a 6 Q Okay. If you just make little circles on 6 park -- it would have been designated as a park? 7 those two parcels. Thank you. 7 MS. DEUTSCH: O~ect to the form. 8 Any others you can recall? 8 THE WITNESS: Arswer it? 9 A Tlrre was several undeveloped parcels within 9 MS. DEUTSCH: Canyou? It calls for 10 Williams Island, in this area, RMF4. 10 speculation. If you can answer it -- oh, I 11 Q TInt would be at the far bottom of the map? 11 guess without waiving any attorney-client 12 A Right. 12 privilege as well. The City has not waived 13 Tlrre is this parcel is undeveloped, this 13 any attorney-client privilege, so -- 14 parcel is undeveloped, and this parcel is undeveloped, 14 THE WITNESS: Can you repeat the question 15 this parcel is undeveloped, this parcel is undeveloped. 15 again? 16 At the time, this whole area in here. There may bave 16 BY MR. CARRIUOLO: 17 been one or two parcels in this area. And I believe a 17 Q I'm just interested, wondering if there was no 18 portion of tbat parcel was probably not developed at 18 sign on the property in question in this lawsuit that 19 that time as well (indicating). 19 said George Berlin Park, do you know of any other 20 Q Cœld you make a circle on that last parcel 20 reason why that parcel would still have been given the 21 there, since you've been making circles for the otber? 21 CF designation, whereas this other open field that you 22 Okay. Thanks. 22 mentioned to the southeast was designated RMF3, which 23 Just for the record, Mr. Soroka, you've 23 is a residential designation? 24 circled, and in some instances made mows towards the 24 MS. DEUTSCH: O~ect to the form. Same 25 sections of the zoning map, Exhibit 3, that you recall 25 objection. 5 (pages 17 to 20) Esquire Deposition Services - (305)371-2713 Page 21 Page 23 1 A The only thing I can tell you, at the time 1 Q Can you give me an idea of, pbysically, how 2 that we adopted the zorting code and land development 2 tall it is, these condos? 3 code, that was developed as a park. 3 A I don't know. 4 Q Based on your physical observations of the 4 Q Don't know. Okay. 5 site, what told you or made you believe it was 5 What street goes north-south next to the 6 developed as a park? 6 George Berlin Park parcel? 7 A There was park benches, there was manicured 7 A 34th Avenue. 8 lawns, there was a flag, there was a paoper scooper, 8 Q If we cross 34th Avenue from George Berlin 9 and a sign. 9 Park, what do we hit on the other side of the street? 10 Q When did you fmt learn that 10 What's there? 11 Aventura-Ensenada, Inc., owned that parcel which had 11 A Condominium. 12 the George Berlin Park sign on it? 12 Q What do they look like? 13 A I don~ know if they do. 13 A High-rise condominium. 14 Q Do you believe it to be privately owned? 14 Q Now, as I view the Aventura zoning map, which 15 A I don't know that. 15 is marked as Exhibit 3, literally all across North 16 Q You know it's not part of the City-owned 16 Country Club Drive, with tbe exception of the George 17 lands? 17 Berlin Park parcel, all of those other parcels are 18 A That's correct. 18 designated RMF4. Is that correct? 19 Q You don't know if the County owns it, though? 19 A I believe so. 20 A Correct. 20 Q And I had you mark or circle as vacant those 21 Q And once you became familiar with the fact 21 properties that you believed were vacant at the time of 22 that Aventura-Ensenada, Inc., through its counsel, was 22 the zoning map being adopted. Is it correct that 23 questioning the CF designation on that parcel, did you 23 immediately to the east and west along North Country 24 conduct any investigation as to who owned the property? 24 Club Drive from the George Berlin Park, none of those 25 A No, I did not. 25 were vacant at the time of the zoning map being Page 22 Page 24 1 Q Did you instruct anyone to? 1 adopted? 2 A No. 2 A There was one other parcel over here that was 3 Q Did you, since learning of the dispute between 3 vacant. 4 the City and Aventura-Ensenada, Inc., the plaintiff, 4 Q With that exception is my statement correct? 5 did you instruct anyone to investigate the CF 5 A Yes. 6 designation being placed on that parcel? 6 Q At the time that the planning staff of the 7 A No. 7 City of Aventura was proposing to designate the George 8 Q What is your understanding of the zoning 8 Berlin Park parcel under a CF designation, was there a 9 designation which existed on the parcel, the George 9 particular person in the community development section 10 Berlin Park parcel, prior to the adoption in 1999 of 10 who advised you that it looked like a park, and 11 the City LDRs? 11 therefore they thought the CF designation was 12 A What was it under the County's code? 12 appropriate? 13 Q Yes. 13 A I believe that would be Brenda Kelley. 14 A I don't recall. 14 Q Anyone else that you can recall that made 15 Q Is it your understanding and belief, though, 15 statements to that effect other than Brenda Kelley? 16 that it was zoned for residential purposes? 16 A Donhecall. 17 A Don~ remember. 17 Q Was Ms. Kelley present, to your recollection, 18 Q Are you familiar with the property immediately 18 at the first and second readings? 19 to the east of the George Berlin Park parcel? 19 A I believe so. 20 A Yes. 20 Q What uses can currently be put to that parcel 21 Q What is there currently? 21 that's being referred to as George Berlin Park? 22 A I believe there's a condominium there. 22 A As a CF designation? 23 Q Was that there at the time the LDRs were 23 Q Yes, sir. 24 adopted? 24 A Schools, parks, religious facilities. 25 A Yes. 25 Q Has the City conducted any analysis to date to 6 (pages 21 to 24) Esquire Deposition Services - (305)371-2713 Page 25 1 determine whether or not a school could be physically 2 built on the George Berlin Park parcel? 3 A No. 4 Q Has the City conducted to date any study or 5 investigation to determine if a school could be 6 physically built, and in compliance with setbacks, it 7 would be economically viable or profitable? 8 A On that parcel? 9 MS. DEUTSCH: Object to the form. 10 Q Yes, sir. 11 A No. 12 Q How about any other parcels? Has that 13 investigation been done? 14 A What investigation? 15 Q Whether or not a school could be an 16 economically viable private use of the land. 17 A We don't conduct studies to determine if a 18 school is economically viable on a private piece of 19 property. I don~ understand the question. 20 Q Well, there's been some suggestions in the 21 City's papers in court that there are economically 22 viable or unproductive uses. I'm trying to find out if 23 there is any basis for those comments. That's why I'm 24 asking the question. 25 As I understand it, the City has not to date Page 26 1 conducted any investigatiou or study to determine if 2 indeed Aventura-Ensenada, Inc., built any type of 3 school on that parcel, whether or not it could be an 4 economically viable use. Is that correct? 5 A Correct. The answer is no. 6 MS. DEUTSCH: Move to strike the 7 commentary by counsel. 8 Q Has the City conducted any study to determine 9 if a religious facility would be an economically viable 10 use of that property? 11 A No. 12 Q Let me cut to the chase a little bit here. 13 Has the City, to date, conducted any study whatsoever 14 to determine if there are any economically viable uses 15 for that property? 16 A I don't believe so. 17 Q If Aventura-Ensenada, Inc., tomorrow, removed 18 the George Berlin Park sign, do you believe that they 19 would be violating any laws of any type? 20 MS. DEUTSCH: Object to the form. That 21 calls for a legal couclusion. 22 A I don't know. 23 Q Is the City of Aventura contending that 24 because the property known as George Berlin Park has 25 the appearance of a park it must remain a park? Page 27 1 A Can you state n 2 MS. DEUTSCH: Object to the form. It 3 calls for a legal conclusion. 4 MR. CARRIUOLO: I'm trying to get a 5 policy decision, since we're talking about 6 legislation. 7 THE WITNESS: Would you repeat the 8 question? 9 MS. DEUTSCH: Tbat wasn't the question. 10 BY MR. CARRIUOLO: 11 Q Is the City of Aventura's position that this 12 particular piece of property currently known as George 13 Berlin Park must remain a park? 14 A I can~ speak for the Commission. 15 Q Has that discussion ever been had in front of 16 the City Commission to your knowledge? 17 A No. 18 Q You're familiar with Mr. Poole, who's sitting 19 next to me? 20 A Yes. 21 Q Have you had any communications with Mr. Poole 22 regarding this property? 23 A No. 24 Q Have you ever met Mr. Poole before? 25 A I believe we've met once. Page 28 1 Q Do you recall what was discussed at the time 2 you met with him once? 3 A It was a meeting with himself and our City 4 Attorney, I believe. 5 Q Mr. Wolpin? 6 A Yes. 7 Q Do you have any recollection of what was 8 discussed? 9 A This matter. 10 Q What in particular? I mean, was there a 11 particular agenda item that was discussed, any 12 particular purpose of the meeting that you can recall? 13 A I guess the purpose of the meeting was to 14 discuss the fact that they wanted to develop the 15 property for other uses other than what was designated. 16 Q What are the other uses that Mr. Poole 17 announced the property owner wished to use the property 18 for? 19 A I believe it was for residential purposes. 20 Q And you're aware that under the CF designation 21 tbat's a prohibited use? 22 A Yes. 23 Q Was there any discussion at that meeting with 24 Mr. Poole that you recall about rezoning the property 25 back to a residential use? Esquire Deposition Services - (305)371-2713 7 (pages 25 to 28) Page 29 Page 3! 1 A I don'! recall. 1 Q BIÍ the parcel known as George Berlin Park is 2 Q Are you familiar with preapplication 2 not a City public park. Correct? 3 conferences under the City Code? 3 A CaTect. 4 A In terms of? 4 Q Have you had any discussions with any Joint 5 Q In terms of people seeking to develop their 5 Council of A ventura representatives concerning this 6 properties. 6 parcel? 7 A We have a requirement in the code for that, 7 A No 8 yes. 8 Q Have you directed anyone of your staff to 9 Q For a preapplication conference? 9 contact the Joint Council and find out what they knew 10 A Yes. 10 about the George Berlin Park parcel? 11 Q Do you know if Aventura-Enseuada, Inc., has 11 A No 12 ever requested a preapplication conference? 12 Q NON, the wning effort reflected in ordinances 13 A I'm not aware of it. 13 99-09,99-10, as well as the wning map, those were all 14 Q So you haven't instructed anyone not to 14 initiated by the City of Aventura. Correct? 15 provide a preapplication conference in response to any 15 A Cmect. 16 demands for one? 16 Q In response to interrogatory 11, on page 7, I 17 A Absolutely not. 17 believe these are the answers. 18 (Deposition Exhibit No.4 was marked for 18 Let me clarify. I've asked you to look at 19 identification.) 19 page 7 of Exhibit 4, which is actually responses to 20 Q Mr. Soroka, I'm handing you what we'll mark as 20 interrogatory No. lO, and which makes reference to our 21 Exhibit 4, which is a copy of what was marked at 21 request for admission No. 11. 22 Ms. Carr's deposition as Exhibit 3. Take your time in 22 It reads, just so we're clear for the 23 looking at this and then confirm for me these are 23 question: "The City's enactment of the 1999 ordinances 24 interrogatories answers which you verified as being 24 did not diminish the economic value of the property, as 25 true and accurate. 25 there are still many uses permitted under the new Page 30 Page 32 1 A Okay. Correct. 1 zoning regulations that allow for beneficial and 2 Q Tœ first interrogatory, if you take a look at 2 economical uses of the property. " 3 that, I want to ask you, other than Joanne Carr, Brenda 3 My question to you is what other uses fall 4 Kelley, and yourself, do you know of any other person 4 within that beneficial and economic category to your 5 who has knowledge regarding the enactment of 5 knowledge. 6 Ordinances 99-lO and 99-09? 6 A I dm't know. 7 Ms. DEUTSCH: Other than what's already 7 Q Tœ same page, if you go down to No. 29, this 8 listed in the answer to interrogatory? 8 refers to the preapplication meeting we jnst talked 9 MR. CARRIUOLO: Yos. I'm just asking him 9 about, or at least that issue. lO to confirm his knowledge these are the only 10 It reads: "....oowever, the City has advised 11 three folks. 11 AEI representatives that they need to submit a rezoning 12 Ms. DEUTSCH: There's somebody else 12 application before the City can consider changing the 13 listed in the answer that you didn't name. 13 zoning of the property.' 14 MR. CARRIUOLO: Tht says regarding 14 Erst of all, who, on behalf of the City, to 15 public parks, not enactment of the ordinances. 15 your knowledge, has advised the plaintiff's 16 THE WITNE$: What is here is correct. 16 representatives that they need to submit a rezoning 17 MR. CARRIUOLO: Ollly, great. 17 application as a prerequisite to a preapplication 18 BY MR. CARRIUOLO: 18 conference? 19 Q Do you know what knowledge Bob Sberman has 19 A I ¡bn't know. 20 concerning this matter? 20 Q Has there been any discussion -- and I don't 21 A No 21 want to get into any attorney-client issues, but to the 22 Q Do you know why he was listed then? 22 extent there are any other discussions that are not 23 A He is in charge of the City's parks, and I 23 privileged -- have there been any discussions about 24 believe provided input into the comprehensive planning 24 whether or not a rezoning application would be 25 and wning process. 25 favorably considered by the City Commission or staff? 8 (pages 29 to 32) Esquire Deposition Services - (305)371-2713 Page 33 Page 35 1 A No, there hasn't been any of those 1 TIIE WITNESS: Our attorneys. 2 discussions. 2 MR. CARRIUOLO: Okay. 3 Q You'll agree with me that a rezoning is 3 BY MR. CARRIUOLO: 4 required in order for the City to even consider 4 Q Do you know if Brenda Kelley was contacted 5 allowing a residential use on the George Berlin Park 5 with regard to her knowledge of this dispute when the 6 parcel? 6 City was crafting these interrogatory answers? 7 A Correct. 7 MS. DEUTSCH: Object to the form. That 8 Q Are you aware of the fact that the City, 8 calls for attorney-client and work product 9 through its litigation papers, has indicated or 9 privilege. 10 asserted that AEI, the plaintiff, has failed to exhaust 10 I'm going to instruct him not to answer 11 its remedies at the City level? 11 that question. 12 MS. DEUTSCH: Object to the form. Calls 12 MR. CARRIUOLO: Whether or not she was 13 for a legal conclusion. 13 contacted is not privileged. I haven~ asked 14 MR. CARRIUOLO: I'm just asking him if he 14 for any substance. 15 knows if that assertion has been made. 15 MS. DEUTSCH: Whether he contacted or 16 THE WITNESS: I don't know. 16 whether -- 17 BY MR. CARRIUOLO: 17 MR. CARRlUOLO: Whether he knows she was 18 Q If you go to the next page of Exhibit 3, 18 contacted. 19 which -- 19 MS. DEUTSCH: I think that calls for 20 MS. DEUTSCH: Exhibit 4. 20 attorney-client and work product privilege, 21 MR. CARRIUOLO: I'm sorry. Thank you. 21 what we did in preparing answers to 22 Q -- Exhibit 4, this is actually page No.8 of 22 interrogatories. 23 Exhibit 4, with regard to No. 37 at the top. 23 MR. CARRIUOLO: Okay. So you're 24 MS. DEUTSCH: Again, just so the record 24 instructing him not to answer? 25 is clear, you're referring to responses that 25 MS. DEUTSCH: Yes. Page 34 Page 36 1 asked for explanations to answers regarding 1 MR. CARRIUOLO: Okay. 2 requests for admissions which haven't be~n 2 BY MR. CARRIUOLO: 3 discussed here or read. So these answers are 3 Q How long has Bob Sherman been with the City, 4 taken out of context. 4 to your knowledge, roughly? 5 For clarity, I would want to make the 5 A Seven years. 6 record clear that you're just reading a 6 Q So since its inception? 7 response that asks for an explanation with 7 A Yes. 8 regard to a request for admission that's not 8 Q Do you know how he was employed before the 9 even before this gentleman. 9 City of Aventura? 10 MR. CARRIUOLO: Okay. 10 A He was employed with the City of Miramar. 11 BY MR. CARRlUOLO: 11 Q The same question with regard to Brenda 12 Q Do you have any knowledge of the manner in 12 Kelley. When did she start with the City of Aventura, 13 which the property now known as the George Berlin 13 to your recollection? 14 property was used for years prior to the inception of 14 A I believe it was either 1997 or 1998. I don~ 15 the City of Aventura as reflected in this particular 15 recall exact date. 16 answer? 16 Q After you were here? 17 MS. DEUTSCH: Object to the form. 17 A Correct. 18 A No. 18 Q And Joanne Carr I believe was spring of '99, 19 Q Who provided the response to that particular 19 approximately? Does that sound accurate? 20 information request to your knowledge? 20 A Sounds about right. 21 MS. DEUTSCH: Objection to the form. 21 Q Do you have any basis to dispute or confirm 22 That may be attorney-client privilege. 22 that for years prior to the inception of the City of 23 MR. CARRIUOLO: Well, if it's attorneys, 23 Aventura there had been a sign on the property 24 you can tell me at least that it's your 24 indicating that the property was a park, as referenced 25 attorneys. 25 in No. 40 on the same page we've been speaking of? 9 (Pages 33 to 36) Esquire Deposition Services - (305)371-2713 Page 37 1 MS. DEUTSCH: Same objection and same 1 2 instruction. 2 3 MR. CARRIUOLO: I'm asking him if he can 3 4 confirm or deny it. 4 5 MS. DEUTSCH: It also calls for a legal 5 6 conclusion. If he knows. 6 7 MR. CARRIUOLO: My question is do you 7 8 have any basis to confirm or deny the accuracy 8 9 of that statement in your interrogatory 9 10 answers. 10 11 MS. DEUTSCH: They're the City's 11 12 interrogatory answers, first of all. They're 12 13 not Mr. Soroka's. He signed on behalf of the 13 14 City. 14 15 MR. CARRIUOLO: Right. But he verified 15 16 them as being true and accurate. I want to 16 17 find out the basis for them. 17 18 MS. DEUTSCH: Do you know the basis for 18 19 that answer? 19 20 THE WITNESS: No. 20 21 BY MR. CARRIUOLO: 21 22 Q If you'd turn to page 11 of Exhibit 4, 22 23 interrogatory 16. The second sentence of the answer is 23 24 the one I'm really interested in. It reads -- "it," 24 25 meaning the City -- 25 Page 38 1 MS. DEUTSCH: Well, for purposes of 2 completion, can you read the entire answer, to 3 put it in context? 4 MR. CARRIUOLO: Sure. 5 BY MR. CARRIUOLO: 6 Q If you need a chance to read the question, 7 No. 16, tell me, and I'll be happy to give it. 8 A No, that's fine. 9 Q "Answer: The City has not characterized the 10 park in any capacity. It simply rezoned the property 11 in conformance with its appearance and use as it had 12 been for years, even prior to the existence of the City 13 of Aventura." 14 Do you have any knowledge that leads you to 15 confirm or deny the accuracy of that statement? 16 THE WITNESS: (Directed to Ms. Deutsch) 17 Can I consult with you for a second? 18 Q Not when there's a question pending. 19 A No. 20 Q So these are not your words? 21 MS. DEUTSCH: Object to the form. Again, 22 you're asking him a legal conclusion, because 23 these are answers to interrogatories from the 24 City. 25 BY MR. CARRIUOLO: Page 39 Q Well, you knew you were confirming the accuracy of these statements when you signed. Correct? A Correct. Q Okay. So I'm simply trying to fmd out what is the basis for your verification that the property was simply rezoned in conformance with its appearance and use as it had been for years, even prior to the existence of the City of Aventura. MS. DEUTSCH: You're getting into attorney-client privilege at that point, and any information he gained would be through -- MR. CARRIUOlD: If it's an interrogatory answer there is no privilege. I'm entitled to fmd out the basis for it. MS. DEUTSCH: But you're asking him his basis for it, and it could be through information he gained through attorney-client privilege. MR. CARRIUOlD: And if that's the case, he's put it in an interrogatory, it's no longer privileged. MS. DEUTSCH: The basis for it is. The answer itself may not be privileged, but-- MR. CARRIUOlD: Well, you can't simply just throw something on the paper and not Page 40 1 allow me to ask the basis for it. That's what 2 I'm asking the question for. 3 MS. DEUTSCH: I disagree. I think you're 4 asking him -- well, I don't know. I'm just 5 saying that it may involve an attorney-client 6 privilege or work product privilege. I don't 7 know that. 8 If the answer does, then don't answer it. 9 THE WITNESS: I'm not answering the 10 question. 11 BY MR. CARRIUOLO: 12 Q Just for clarity, what you're saying is that 13 the basis of this statement, to the best of your 14 knowledge, is information you gleaned from your 15 attorneys. Correct? 16 A Correct. 17 MR. CARRIUOLO: And as I understand your 18 objection, you're not allowing me to have him 19 disclose to me what your attorneys told you 20 that led you to verify this question as true. 21 Is that right? 22 MS. DEUTSCH: That's correct, regarding 23 attorney-client privilege. 24 BY MR. CARRIUOLO: 25 Q Do you know what the limits are of coverage Esquire Deposition Services - (305)371-2713 10 (pages 37 to 40) Page 41 Page 43 1 under the Florida League of Cities' insurance policy 1 MS. DEUTSCH: Okay. 2 that's referenced? 2 BY MR. CARRIUOLO: 3 A Not offhand, no. 3 Q I've handed you a group of documents that are 4 Q What about the deductible? 4 Bates labeled City 762 through 794. My first question 5 A Not offhand, no. 5 is after having had a chance to look at it, are you 6 Q That's a general liability policy? 6 familiar at all with this? 7 A I believe so. 7 A No, I'm not. 8 Q I'm now handing you, Mr. Soroka, Exhibit 5. 8 MR. CARRIUOLO: We1l go ahead and mark 9 MR. CARRIUOLO: Ste¡itanie, here's a copy 9 that as 6, nonetheless. 10 for you. 10 (Deposition Exhibit No.6 was marked for 11 MS. DEUTSCH: 'Thmk you. 11 identification.) 12 BY MR. CARRIUOLO: 12 BY MR. CARRIUOLO: 13 Q If you just take a look at this document, 13 Q I'm now handing you another group of 14 which is comprised of Bates pages City 751 through 761, 14 documents, whicb are Bates labeled City 812 through and 15 and tell me if you recognize this document. 15 including 820. Again, after having had a chance to 16 A Yes, I do. 16 look at this, can you tell me if you're familiar at all 17 Q Can you describe what it is? 17 with these pages? 18 A This is a summary report that was prepared by 18 A I believe this is a report that was prepared 19 staff at the time that we proposed the land development 19 by the Community Development Department. 20 regulations draft. 20 Q Would that be again Ms. Kelley? 21 Q And was this presented to the Commission, to 21 A Yes. 22 the public, or both? 22 Q What is your understanding of the purpose of 23 A Both. 23 this submission that she created? 24 Q Both. And is that your signature on page 3 of 24 A I don~ recall. 25 this exhibit? 25 Q Can you describe -- and, again, I don't want Page 42 Page 44 1 A Yffi,itis. 1 you to speculate -- but can you describe the meaning of 2 Q AnI the staff who prepared this would have 2 the City of Aventura property index that comprises all 3 been comprised of whom? 3 but the first page of this exhibit, or this group, 4 A Brenda Kelley. 4 which we'll mark as Exhibit 7? 5 Q Do you recall any specific assistance that she 5 A C,., I describe what? 6 had, if any, at the time that she created this summary 6 Q C,., you describe what the chart tells us, or 7 that may have assisted her in creating it? 7 its purpose. 8 A If !he bad any assistance? 8 Ms. DEUTSCH: O~ect to the form. 9 Q Yffi. 9 A I cbn't know. I don~ recall what the purpose 10 A I oon~ recall. 10 was. 11 Q Did you have any role in crafting any of the 11 Q From looking at the different categories of 12 text on this summary? 12 columns or information, can you make any sense of it 13 A I reviewed some, most of the text, but, I 13 and describe it for me at all? 14 mean, in terms of preparing the original documents, no. 14 Ms. DEUTSCH: O~ect to the form. 15 Q Or dd you make any revisions to any drafts 15 A Well, it's a listing of addresses, street 16 that you -- 16 names, properties, a title. It says "Was," "Proposed," 17 A Yffi, I did. 17 "Use Conforms," question mark, "Existing Maximum 18 Q Do you recall specific areas of the summary 18 Heigh!," "Square Feet," "FAR," œmber of developing 19 that you had a hand in revising? 19 units, and "Possible Variances Required under Proposed 20 A N~ I don't recall specific areas, no. 20 Code." 21 Q I'm just going to hand this to you. I'm oot 21 Q AnI other than reading the column heads, are 22 even sure if you know anything about it. 22 you familiar enough with this chart to describe and 23 Ms. DEUTSCH: Are you going to mark it? 23 discuss any particular parts of it? 24 MR. CARRIUOLO: M¡ybe not. I just want 24 A No 25 to see if he knows anything about it. 25 Q Do you know who created this chart? 11 (pages 41 to 44) Esquire Deposition Services - (305)371-2713 Page 45 Page 47 1 A Specifically, I don't recall. 1 Q And a permitting agency? 2 Q Did you direct that this chart or a summary of 2 A Yes. 3 this type be created? 3 Q So one necessarily had to go with the other? 4 A I don't recall. 4 You had to comply with the comprehensive plan 5 Q Do you recall during any of the discussions 5 requirements to create the LDRs? 6 that may have existed in relation to the land 6 A Correct. 7 development regulations being adopted whether or not 7 Q Do you know of any directions or standards or 8 this chart was used in any way? 8 perimeters that were provided to the community 9 A I don't recall. 9 development department to begin creating the LDRs? 10 Q Going to what appears to be maybe a summary 10 A Oh, I don~ recall. 11 page, on the first page, does this mean anything to 11 Q Other than Ms. Kelley, do you know of any 12 you? Can you describe it at all? 12 particular person that was involved in crafting tbe 13 MS. DEUTSCH: Object to the form. 13 LDRs? 14 A It looks to me that it's trying to summarize 14 A That's all I can recall right now. 15 wbat's in the report. 15 Q Now, you mentioned Bob Sherman a little while 16 Q Other than that, can you provide us with any 16 ago, I think in connection with comprehensive plan. 17 more description as to what it means? 17 Did he have, to your understanding, a separate role in 18 A No. 18 connection with the City's compliance with 19 Q Again, for the record, we'll mark that 19 comprehensive plan requirements? 20 particular group as Exhibit 7. 20 A He may have. 21 (Deposition Exhibit No.7 was marked for 21 Q And, again, I don't want you to speculate. Do 22 identification.) 22 you not know if he did or not? 23 BY MR. CARRIUOLO: 23 A I don't know. 24 Q Did you or your staff -- when I say "your 24 Q Going back to the response to interrogatory 25 staff," I want to talk about the City Manager's office 25 No.1 of Exhibit 4. In the interrogatories, Bob Page 46 Page 48 1 as opposed to Community Development -- did you and your 1 Sherman was mentioned as one of four people who had 2 staff conduct any review of zoning classifications 2 knowledge; the first three are you, Ms. Carr, and 3 applicable to the parcels within the City of Aventura 3 Ms. Kelley having knowledge of the enactment of the 4 under the county code during the period of time that 4 ordinances, and then Mr. Sherman was added having 5 the City was considering the LORs being adopted? 5 knowledge of the City's public parks. 6 A Did my staff specifically conduct a study? 6 I'm ju;t trying to get a better handle as to 7 Q Yes. 7 wby he was added as a witness knowledgeable of this 8 A No. 8 dispute. Do you have any knowledge that he knows 9 Q Did you direct the community development 9 anything concerning George Berlin Park? 10 office, Ms. Kelley and her staff, to do so? 10 MS DEUTSCH: OQject. Calls for 11 A I don't recall. 11 attorney-client privilege, and work product 12 Q What was the impetus or the starting point for 12 privilege. Instruct him not to answer. 13 the effort tbat resulted in the LORs being adopted? 13 BY MR. CARRIUOLO: 14 A Well, what was one of the major goals of the 14 Q So the only information that you conld offer 15 City when it was incorporated was to have its own 15 to me in response to my question is that which you 16 zoning code, not have to work under the County's. So 16 obtained from your attorneys. Is that right? 17 we were directed by the City Commission to go forth and 17 Ms. DEUTSCH: I'm iœtructing him not to 18 prepare new land development regulations, and we had to 18 answer. 19 prepare our own comprehensive plans, as required by 19 MR. CARRIUOLO: I'm á least entitled to 20 state law. So after the comprehensive plan was 20 know if the privilege might even apply by 21 complete, we had to adopt our own land development 21 answering that question. 22 regulations. 22 TIffi WITNES'>: That's correct. 23 Q And the comprebensive plan requirement was as 23 MR. CARRIUOLO: Oilly. 24 a function of you becoming a municipality? 24 BY MR. CARRIUOLO: 25 A Correct. 25 Q Mr. Soroka, I'm now handing you a group of 12 (pages 45 to 48) Esquire Deposition Services - (305)371-2713 Page 49 Page 51 1 documents that we've marked as Exhibit 8. It's 1 the ones that existed under the County code? 2 comprised of documents Bates labeled City 863 through 2 A Yes, I believe there were several parcels. 3 867. Please review these pages and tell me if you're 3 MS. DEUTSCH: Object to the form. 4 familiar with them. 4 BY MR. CARRIUOLO: 5 A Yes. 5 Q Can you describe those for me? 6 Q Can you tell me what the first page is? 6 A I don't recall them all offhand. 7 A It's a letter from me to Sam Poole. 7 Q Whatever you can recall now. 8 Q InIicating what, generally? 8 Before you answer, what is the source of your 9 A Recognizing that we've accepted his letter, or 9 information, so we can refresh your recollection maybe? 10 we received his letter regarding this tract, and we've 10 A My memory. 11 forwarded it to the City attorney's office. 11 Q Okay. Was there any study done that you could 12 Q Prior to receiving this letter, had you known 12 refer to? 13 of Mr. Poole? 13 A I don't recall. 14 A I may have. I don't recall. 14 Q Any memos, correspondence, anything in the 15 Q AnI the next four pages of this five-page 15 public records that would refresh your memory? 16 exhibit, is this the January 25th letter that you were 16 A I don't believe so. 17 making reference to in your letter to Mr. Poole? 17 Q Other than your general knowledge of the City 18 A Orrect. 18 at the time of the enactment of the LDRs, was there any 19 Q We can go to that letter of January 25th from 19 other basis for you indicating today that there were 20 Mr. Poole to Mayor Perlow. I want to ask you a couple 20 other parcels that were affected in that way? 21 of questions. In the first paragraph of Mr. Poole's 21 A Well, I think if one took the prior zoning map 22 letter, the last sentence, I'm going to read it so 22 and compared it to this zoning map, you would find that 23 we're clear on it. 23 there's several parcels of land that received stricter 24 "From before the time of action through 24 zoning under the City zoning map than what appeared 25 July 13, 1999, the property was zoned for multi-family 25 under the County's zoning map. Page 50 Page 52 1 residential and hotel uses (RU-4A), and was designated 1 Q Has that comparison been done, to your 2 as medium high density residential uses on the County 2 knowledge? 3 Comprehensive Plan." 3 A I don't know. 4 My question to you is do you have any reason 4 Q Have you ever done it? 5 to dispute the accuracy of that statement. 5 A No. 6 A I fin't know. I don't have the County's plan 6 Q Tell me what other parcels received a stricter 7 in front of me and what the designation was. 7 classification as a result of the City's LDR. 8 Q Did you, nonetheless, have an understanding 8 A I believe this parcel that is circled RMF3. 9 that the property prior to the LDRs being adopted by 9 Q That's the open field? 10 the City of Aventura was zoned for multi-family 10 A Yes. Was zoned for RMF4U. 11 residential and hotel uses? 11 Q Under the County Code, it was RM -- 12 A Ag¡rin, without having that document in front 12 A RMF4U, I believe. 13 of me, I can't answer the question. 13 Q RMF4U. 14 Q Do you know, other than the George Berlin Park 14 And under the LDR it was RMF3? 15 parcel, do you know of any other parcels within the 15 A Correct. 16 City of Aventura in July of '99 that as a result of the 16 Q Based on your memory, what is the nature of 17 LDRs had a more strict use classification placed upon 17 the limitation on the stricter use placed on that 18 them? 18 parcel as a result of the LDRs? 19 Ms. DEUTSCH: O~ect to the form. 19 A Two issues. Less height and less density. 20 A Coo you repeat the question again? 20 Q Do you know any of the parameters on height or 21 Q Sure. Other than George Berlin Park parcel 21 density? 22 for a moment, as a result of the LDRs being adopted by 22 A Just off the top of my head, I believe they 23 the City, were there any other parcels within the City 23 would have been allowed to go to 60 stories and 60 24 of A ventura for which the uses permitted, or 24 units an acre under the County. And under the City, I 25 conditionally permitted, were less in intensity than 25 believe they're at -- this would be an RMF3, so RMF3 is 13 (pages 49 to 52) Esquire Deposition Services - (305)371-2713 Page 53 Page 55 1 about four stories, and I think it's 45 units an acre. 1 A I don't recall. 2 Q Okay. So it went from a possible 60-story 2 Q Do you know who owned those parcels at the 3 tower to a four-story tower. I got that right? Is it 3 time of the LDRs being adopted? 4 four? 4 A No. 5 A Yes. 5 Q Do you know who owns them now? 6 Q One less than five? 6 A No. 7 (Discussion off the record.) 7 Q Do you know if anybody at the City staff prior 8 MS. DEUTSCH: I think you misspoke. 8 to the adoption of the LDR contacted those unit owners 9 BY MR. CARRIUOLO: 9 to explain the effect ofthe LDRs being adopted? 10 Q Just so I'm clear then, based on your 10 A I don't know. 11 recollection then, this particular parcel that you're 11 Q What other parcels are you familiar with where 12 speaking of, to the southeast of the George Berlin Park 12 the zoning was stricter under the LORs? 13 parcel, had a height restriction of 60, six zero, under 13 A There was others, but I just don~ recall 14 the County Code, but only four under the City code? 14 offhand. There was some changes made in these parcels 15 A Correct. 15 that may have been stricter up in the north here, but I 16 Q And it went from a density of 60 units per 16 forget what the prior zoning was. 17 acre to 45 per acre? 17 Q You're referring to the circle you made at the 18 A Correct. 18 very top of the zoning map on Exhibit 3? 19 Q What other parcels are you familiar with? 19 A Correct. 20 A These two parcels that are zoned RS -- RS2. I 20 Q Is this the hospital district? 21 believe they were RMF4U under the County as well. 21 A No. 22 Q RS2. Okay. And both of those are somewhat 22 Q Where is the hospital district? 23 oval or elliptical in the southeast comer of the 23 A That would be over in here. 24 zoning map? 24 Q Over here. Okay. I thought that MO was 25 A Correct. 25 medical office. Yes, medical office district. Page 54 Page 56 1 Q Kin! of set off from everything else? 1 A Right. 2 A Orrect. 2 Q So you think it might have been a less strict 3 Q Coo you describe for us, first of all, what 3 use under the County Code than medical office under the 4 physically existed on either of these at the time of 4 City? 5 the zoning map of the City being adopted? 5 A It could have been. 6 A Thy were vacant parcels. 6 Q Any others that you can think of? 7 Q Ag¡rin, open fields? 7 A There's others, but I just don~ remember at 8 A Ccrrect. 8 this time. 9 Q Ha.v were they affected by the LOR, in terms of 9 Q Again, you obviously have a good working 10 height, density? 10 knowledge of the City, but other than your memory, and 11 A Thy went from a similar zoning category of 60 11 other than literally going through each and every 12 stories, 60 units an acre, to single family, I think 12 parcel in the City and making the comparison between 13 maximum height two stories, two or three stories, and 13 the County Code and the City Code, do you know if 14 you're looking at probably 15 units an acre. 14 there's any other document or study you could look at 15 Q fifteen units an acre? 15 to refresh your memory to answer my question? 16 A Ccrrect. 16 A No. 17 Q Unler the LDR? 17 Q Are you aware of any discussions between 18 A Ccrrect. 18 Mr. Poole and any City representatives concerning 19 Q AnI presumably about 60 under the old code? 19 requests by Mr. Poole, and his client, that the City 20 A Ccrrect. 20 take the initiative to rezone or restore the County 21 Q AnI with those particular parcels in mind for 21 zone? 22 a moment, did the City, to your knowledge, conduct any 22 MS. DEUTSCH: Oiject to the form. That 23 studies or investigation as to the economic effect in 23 calls for attorney-client, work product 24 terms of usability of those properties that wonld 24 privileges. 25 resnlt from the LDRs being adopted? 25 MR. CARRIUOLO: Let ræ clarify the 14 (pages 53 to 56) Esquire Deposition Services - (305)371-2713 Page 57 Page 59 1 questian then in respanse to. the abjectian and 1 A I believe so. 2 instructian. 2 Q Are yau aware whether ar nat Mr. Paale, an 3 BY MR. CARRIUOLO: 3 behalf af Aventura-Ensenada, Inc., thraugh written 4 Q Has that subject come up during any 4 letters to. either Ms. Carr ar Mr. Walpin, bas requested 5 canversatians ar cammunicatians yau've ever had with 5 a preapplicatian conference? 6 Mr. Paale? 6 A No. 7 A No.. 7 Q Yœ're nat aware afthat? 8 Q Haw abaut with persans ather than attarneys 8 A No. 9 for the City, like staff? 9 Q Wœld that have sufficed, do. yau think, for 10 A Can yau repeat the questian again? 10 the request that yaujust made reference ta? 11 Q Sure. I'm asking whether ar nat the questian 11 Ms. DEUTSCH: O~ect to. the fann. That 12 af the City restaring the zaning has ever come up ather 12 calls for a legal conclusian. 13 than in a privileged conversatian. And we've already 13 A I fun't knaw. 14 talked abaut nat having that discussian with Mr. Paale. 14 Q ütœr than yaur belief that a proper request 15 I'm talking abaut any City staff discussian abant 15 for a preapplicatian conference has nat been made, any 16 restaring the zaning an the Gearge Berlin Park parcel. 16 ather reasan why a preapplicatian conference wauld nat 17 MS. DEUTSCH: Well, again, I think just 17 have been provided? 18 far purpases af clarity, I think nat anly is 18 A No. 19 it attarney-client ar wark product, but we're 19 Q Is it fair to. say that it wauld be futile far 20 naw in litigatian, so. I think any 20 Aventura-Ensenada, Inc., to. file an applicatian far 21 conversatians since the initiatian af this 21 appraval to. build a residential tawer an the Gearge 22 litigatian wauld be regarding any -- if it's 22 Berlin Park site? 23 been in anticipatian afthe litigatian, ar 23 A No. 24 during the litigatian, it's either wark 24 Ms. DEUTSCH: O~ect to. the fann. 25 praduct ar attarney-client, so. -- 25 BY MR. CARRIUOLO: Page 58 Page 60 1 MR. CARRIUOLO: Wdl, anly if an attarney 1 Q Isn't it a prahibited use under the current 2 might have been invalved. That's why I'm . 2 zaning classificatian? 3 asking the questian. 3 A Anybady is allawed to. submit any applicatian 4 If )Qu've anly had discussians like that 4 to. the City. It's up to. the City Cammissian to. make 5 with attarneys, just tell me, and we'll mave 5 that detenninatian. 6 011. 6 Q Well, so. yau'd knawingly be receiving 7 THE WITNE$: We'll mave an. 7 applicatian far prohibited uses? 8 MR. CARRIUOLO: Okty. 8 MS. DEUTSCH: Object to. the fann. 9 BY MR. CARRIUOLO: 9 Q Is that right? 10 Q With regard to. the haspital district, the City 10 A We can receive an applicatian far a prahibited 11 did take the initiative to. rezane that area. Correct? 11 use. 12 A Ccrrect. 12 Q Okay. And the respanse wauld be yau have to. 13 Q AnI there's a second reading January 6? 13 file an applicatian far rezaning far it to. go. anywhere. 14 A C<ITect. 14 Carrect? 15 Q Dayau knaw af any reasan why the City has nat 15 A Correct. 16 convened a preapplicatian conference in response to. 16 MR. CARRIUOLO: Let me just take a 17 Aventura-Ensenada, Inc.'s, request? 17 five-minute break. 18 Ms. DEUTSCH: O~ect to. the fann. That's 18 (Recess taken.) 19 been asked and answered. 19 MR. CARRIUOLO: That's all the questians 20 Y œ can answer it again. 20 I have. Thank yau. 21 A I fun't believe we received an applicatian. 21 THE WITNESS: Very gaad. 22 Q Is there a fannal applicatian far a 22 MS. DEUTSCH: Yau11 read? 23 preapplicatian conference? 23 THE WITNESS: Yeah. 24 A I believe so.. 24 THE REPORTER: Are yau having it 25 Q Lilœ a fann? 25 transcribed? 15 (pages 57 to. 60) Esquire Deposition Services - (305)371-2713 Page 61 1 2 3 4 5 6 7 8 9 10 11 12 MR. CARRIUOLO: Oh, yes. And if he's going to read, I want to make sure he's got an opportunity to read it so I can use it. MS. DEUTSCH: I want a copy, mini, disk, all that other stuff, and index, please. (The deposition was concluded.) -- - ERIC M. SOROKA 13 14 15 16 17 Sworn to and subscribed before me this day of ,20- 18 Notary Public: Commission No.: My commission expires: 19 20 21 22 23 24 25 Page 62 CERTIFICATE OF OATH 1 2 3 STATE OF FLORIDA: 4 COUNTY OF DADE: 5 6 7 1, the undersigned authority, certify that 8 ERIC M. SOROKA personally appeared before me and was 9 duly sworn. 10 WITNESS my hand and official seal December 19, 11 2003. 12 13 14 15 SHERILYNNV. McKAY, RMR, CRR Notary Public - State of Florida. My Commission No: CC 743595. Expires: June 28, 2006 16 17 18 19 20 21 22 23 24 25 1 2 3 Page 63 REPORTER'S DEPOSmON CERTIFICATE STATE OF FLORIDA: COUNTY OF DADE: 4 5 6 I, SHERILYNNV. McKAY, Registered Merit 7 Reporter and Certified Realtime Reporter, certify that 8 I was authorized to and did stenographically report the 9 deposition of ERIC M. SOROKA; that review of the 10 transcript was requested; and that the transcript is a 11 true record of my stenographic notes. 12 I further certify that I am not a relative, 13 employee, attorney or counsel of any of the parties, 14 nor a relative or employee of any of the parties' 15 attorney or counsel connected with the action, nor am I 16 fmancially interested in the action. 17 DATED December 19, 2003. 18 19 20 21 22 SHERIL YNN V. McKAY, RMR, CRR 23 24 25 Page 64 1 MR, ERIC M. SOROKA D,mmb,"'.2OO3 c/o STEPHANIE DEUTSCH, ESQ. 2 WEtSS, SEROTA, HELFMAN, PASTORIZA& GOEDES, FA. 3 Sn"<3oo 310?StidmgR"d 4 Fo"LondmW"Florid.33312 5 Ro A VENTURA. ENSENADA ,. CITY OF A VENTIJRA 6 a.o No. 03.14305 CA 27 ? """M'. Sorok. 8 Pl~, "re on D~b" 18, 2003, yon gm yom , dopo,¡tionmlb,.bnvo.refnrenmdm...". Allb.. tùn",ign."'rew~notw.ivod. ttisnown~'Yto 10 ~d.nd,¡gnyomdopo,¡tion. 11 PI,~,oill(954)731.6616to""""'uI"n'ppomtm'"'" Ib,&qnireoffimloal""n=myoo. o",b",m'~ 12 boom =".m. to 4.30 p.m., Mond.y Ibrongh Fridoy. Ifyoo do n""ad...d 'ion Ih, d'p..iilon wilbin 30 13 d.y"Ib'origllt.l,whiohh~"""'ybœofu~""""tn Ib, "d,ring ,ttorn'y,m.y b, m,d wilb Ib,C¡"kof 14 Ib,""nrt. 15 Ifyoow;'¡'tow"voyom'¡gn."'re,pl'~"¡gnyom n=,mlb,bl...k..lb,bottomoflbi,p'g,...dretnrn 16 lito",. 17 V"Ytrnlyyoom, 18 19 SHERILYNNV,MoKAY,RMR,CRR ESQUfRE DEPOSmON SERVICES 20 5410NW.33n1Avonno,Snire1oo Fort Lond,""'" Florid. 33309 21 (954)731-6616 22 23 Idoh,rebyw.ivomy'¡gn."'" ERICM, SOROKA 24 œ ,'" "'=rip' 25 ""lbony J. c.mnolo, E"I' Esquire Deposition Services - (305)371-2713 16 (Pages 61 to 64) I 2 ERRATA SHEET AVENTURA - ENSENADA v. CITY OF A VENTURA 3 ea.eNo.03-14305CA27 4 5 6 7 B 9 10 11 12 PagefLino No. Change 13 Pursuant to Rule !.310(e) of tho Rodda Roles of Civil Procodure, this ttaw;cript ¡, being submitted to you for examination, reading and signing. Please do not write ou ",w;cript. Any chaog" in fnrm or ,ubstance you desi" to make should be entered on this shoot '" foHow" Reason 14 15 16 17 lB 19 20 Vader penalti" ofporjury,! doda" that I have read 21 my dopositionand iti, ttueand OOITect, aubject tn any chonges in fonD nr substance entered here. 22 23 24 - Doto ERICM. SOROKA 25 Page 65 17 (page 65) Esquire Deposition Services - (305)371-2713 Page 1 A another 14:21,25 15:1 35:8,2039:10,17 36:14,1841:743:18 35:12,17,2336:1,2 about 4:210:2011:7 15:343:13 40:5,2348:11 56:23 51:2,1652:8,12,22 37:3,7,15,21 38:4,5 11:1214:2415:2,8 answer6:2520:8,10 57:19,25 52:2553:21 58:21,24 38:25 39:12,19,24 15:15 17:3,625:12 26:530:8,1334:16 audience 11:11 59:1 40:11,17,2441:9,12 27:528:2431:10 35:10,2437:19,23 authority 62:7 believed 23:21 42:2443:2,8,12 32:9,23 36:2041:4 38:2,939:13,2340:8 authorized 63:8 below 14:15 45:2348:13,19,23,24 42:22,2545:2553:1 40:848:12,1850:13 Aventura 1:5,8,18 3:11 benches 21:7 51:453:956:2557:3 54:1957:8,14,15,15 51:856:1558:20 3:144:45:227:18 beneficial 32:1,4 58:1,8,959:2560:16 above-referenced 64:9 answered 58:19 9:411:9 12:5,23 BERGER 2:2 60:1961:1 64:25 Absolutely 29:17 answering 40:9 48:21 13:13 14:6,2115:5 Berlin 4:255:2.66:10 Carr's 29:22 accepted 49:9 auswers 17:2 29:24 15:10 16:2117:19 6:11,22,237:4,5,8,12 case 1:2 39:19 64:6 according 16:10 31:1734:1,335:6,21 23:1424:726:23 7:16 13:19,22 16:14 65:3 accuracy 37:838:15 37:10,1238:23 31:5,1434:1536:9 16:20 17:17 19:4,14 cases 4:14 39:250:5 Anthony 2:3 64:25 36:12,23 38:13 39:8 19:1820:4,1921:12 categories 44:11 accurate 29:2536:19 anticipation 57:23 44:246:3 50:10,16 22:10,1923:6,8,17 category 32:4 54:11 37:16 anybody 55:7 60:3 50:2464:5,565:2,2 23:2424:8,21 25:2 cc 62:1564:24 accurately 11:25 anyone 22:1,524:14 Aventura's 27:11 26:18,2427:13 31:1 center 14:5,10,16 15:5 acre 52:24 53:1,17,17 29:14 Aventura-Ensenada 31:10 33:5 34:13 15:11,13 54:12,14,15 anything 42:22,25 10:2311:1621:11,22 48:950:14,21 53:12 Centre 2:4 across 16:3 23:15 45:1148:951:14 22:426:2,1729:11 57:1659:22 CERTIFICATE 62:1 action 49:24 63:15,16 anywhere 60:13 58:17 59:3,20 best 40:13 63:1 actually 31:19 33:22 appearance 26:25 Avenue 5:423:7,8 better 48:6 Certified 63:7 added 48:4,7 38:11 39:6 64:20 between 10:22 22:3 certify 62:763:7,12 addresses 44:15 appeared 51:24 62:8 aware 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17:15,24 18:2 18:25 19:1,1621:2 22:823:14,22,25 30:2531:12,13 32:1 32:13 46:2,16 51:21 51:22,24,24,2553:24 54:5,11 55:12,16,18 57:12,1660:2 -------"----- Page 7 03-14305 1:264:665:3 432:24 - 4468:8 448 8:8 44911:24 452:2453:1,17 45111:24 1 12:228:22,23 12:13 47:25 1.310(e) 65:5 1031:20 10th 2:4 100 64:20 1131:16,2137:22 122:22,23 13 17:13 49:25 1554:14 1637:2338:7 181:1764:8 1962:10 63:17 64:1 192001:18 19953:15 19% 3:13 5:7 199736:14 199836:14 199913:4 17:13 22:10 31:2349:25 - -- ---- - --- -- 2 22:2211:2212:3,13 2061:15 20031:1762:1163:17 64:1,8 200662:16 254:2 25th 49:16,19 271:264:665:3 2862:16 292:2332:7 ------------- 3 32:17,2312:2413:1 18:25 23:15 29:22 33:1841:2455:18 3:401:17 3064:12 300 2:8 64:3 305)651-07061:24 31072:964:3 33rd 64:20 331801:18 33301 2:5 3330964:20 33312 2:964:4 34th 5:323:7,8 3502:4 3733:23 -- ---- -- ~ - 42:23 15:1529:18,21 31:1933:20,22,23 37:2247:25 4:3064:12 4036:25 ---~-- 541:8 5:001:17 541064:20 5943981:24 6 62:24 15:8 43:9,10 58:13 60 52:23,23 53:13,16 54:11,12,19 6O-story 53:2 7 72:24 15:3 31:16,19 44:445:20,21 74359562:15 75141:14 76141:14 76243:4 79443:4 - -- - 8 -- 82:2233:2249:1 81243:14 82043:15 863 49:2 86749:3 89413:2 ----- -- 9 964:12 954)731-661664:11,21 963:16 9936:1850:16 99-097:198:9,21 9:1 10:14 11:2 12:13 30:631:13 99-1011:23 12:6,13,21 13:430:631:13 Esquire Deposition Services - (305)371-2713 Send the following City of Aventura employees the same email: Clerk: Teresa Soroka Manager: Eric Soroka City Commission: All that is listed Customer Service: "Better Place" go to this icon and send it their Departments: Community Development Department Dear~~~~ This letter is in reference to the Zoning Project on the comer of 34th Avenue and North Country Club Dr. I am an owner! resident at Ensenada Condominium Association, and since I have received this outrageous letter last Friday, April 23rd, I find myself very confused as to what the project is going to consist of, how much land you are planning to take, what is going to happen to the marina and the parking it requires, where are you going to have parking and guest parking for this new high-rise and just how high are you planning to go? We don't understand how you could possibly think that this project would be a good idea? This intersection is already very dangerous (just this past weekend someone ran into the tree at the comer) and now you are going to build a high-rise adding construction equipment, supplies, vehicles, people, etc.? Were you planning on blocking that intersection off and doing a detour? What about the value of our property? The reason we live here is because it is quiet, next to the water, and the beautiful views in all directions. Now you want to take it away from us and replace it with a concrete slab and unbearable traffic! This project is a terrible idea. Aventura is said to be the "City of Excellence"? How would adding another high-rise in such a small area be excellent? Who is looking out for all of the existing residents and the traffic dilemma this will cause everyone traveling these intersections? Please stop this insane project and protect our park and community from over building on this small piece of property. ~IY, ~.. /1, son~ P~~ Ensenada Condomiruum Association ENSENADA CONDOMINIUM ASSOCIATION 3401-3475 N. COUNTRY CLUB DR. A VENTURA, FLORIDA 33180 PHONE: 305-932-4435 FAX: 305-937-2928 Petition against the Ordinance to Amend the Zonin~ of the Parcel Located at the North East corner of North Coun Club Drive and 34th Avenue in order to kuild a Multi-Family High rise, causin~ additional tr ic to an rea V ~angerous corner, FOR: TOTAL: ENSENADA CONDOMINIUM ASSOCIATION 3401-3475 N. COUNTRY CLUB DR. A VENTURA, FLORIDA 33180 PHONE: 305-932-4435 FAX: 305-937-2928 Petition against the Ordinance to Amend the Zoning of the Parcel Located at the North East corner of North Country Club Drive and 34th Avenue in order to build a Multi-Family High rise, causing additional traffic to an already dangerous corner. ~~~ TOTAL: ~ (JoLt <:IIi 'd.o1 to~7 ~L., ENSENADA CONDOMINIUM ASSOCIATION 3401-3475 N. COUNTRY CLUB DR. A VENTURA, FLORIDA 33180 PHONE: 305-932-4435 FAX: 305-937-2928 Petition against the Ordinance to Amend the Zoning of the Parcel Located at the North East corner of North Country Club Drive and 34th Avenue in order to build a Multi-Family Hi~ rise, causing additional traffic to an already danJ1;erous corner. TOTAL: c::fORv FOR: TOTAL: ei~1.( \ i7 -~/ I 'it CJ Y-ò 1. E-r ..¡ F-L/ ;)..0£. E I '- t(I?L--,ç-{ 6ôJ~ C/ '707j-/Z/ s vtl ¿r 'Jot? .£: i ~b C/ ?J{! (/ ~I ( 1; I 60.1,( I <;,oy - é / J7/¥ - F-) '0\:> 17( .£/ , ~.{ ~ I ~ -60( 5',1 ~ /:l 5 é\ 7/9' Þ/ 61?- e:-~ =to i.J (I foJr é \ 0'2 6( J~ Þ (lJSt¡¡Jhþ!4 GlJAJ þò ft1 / U¡V)( AGAINST: FOR: - TOTAL: ~;:r:. U ,¡ //! FOR: "" " TOTAL: ¡~.~ "I-I"" TOTAL: FOR: - TOTAL: AGAINST: TOTAL: AG1"sffi ~ :, <:If p,"!~~ -¿11 / . e,r ._(. .,' /--1tgO? '\.~fLt-L~ c:f'~1 ~ .~ ~ ¡i, i;~~ ~ n' : ,,~;:1 £OR: TOTAL: TOTAL: ENSENADA CONDOMINIUM ASSOCIATION 3401-3475 N. COUNTRY CLUB DR. A VENTURA, FLORIDA 33180 PHONE: 305-932-4435 FAX: 305-937-2928 Petition against the Ordinance to Amend the Zoning of the Parcel Located at the North East comer of North Country Club Drive and 34th Avenue in order to build a Multi-Family High rise, causing additional traffic to an already dangerous comer. FOR: TOTAL: TOTAL: FOR: - AGAINST: TOTAL: (~\~j! '--t 1¡O d~~ R-~ TOTAL: Honorable Mayor, Vice Mayor and Commissioners City of A ventura 19200 West Country Club Drive Aventura. FL 33180 TROPICAL AUDUBON SOCIETY" INC. May 4,2004 5530 Sunset D,., Miami, FL 33143 Phone (305) 666.5111 . Fax (305) 667-9343 "THE VOICE OF CONSERVATION IN SOUTH FLORIDA. Re: May 4, 2004 Commission Meeting Agenda Item 7 A "George Berlin Park" Dear Sirs: Please accept this letter on behalf of the members of the Tropical Audubon Society (TAS), many of whom live in A ventura. As a environmental conservation organization, we were dismayed to learn of the pending request to rezone the "George Berlin Park" in order to allow development. Parks are not excess land. Parks are a necessity to the public's quality of life, especially as urban infill unfolds in your community. Parks add value to your City by providing destinations for much-needed leisure and recreation, and are a source of pleasure for your constituents and future generations. TAS urges you to follow the recommendation in the City of Aventura's Community Development Department's April 21, 2004 memo to deny the proposed rezoning. The site under consideration has been managed as a park for the past 23 years. While historical zoning designations may have allowed for some residential development, the site has been zoned "community facilities" since 1999. It is our understanding that the owner/applicant has not made any attempt over the past 5 years to challenge the current zoning designation. TAS praises the past efforts of the owner to keep the parcel accessible as a park, and we encourage the applicant to maintain the current use on the site. It is conceivable that the City may need to investigate acquiring the land or development rights on the land and we encourage the City to do so in order to ensure the preservation of this public open space. TAS is also concerned about the potential environmental impacts that may result from alterations to associated submerged lands and coastal wetlands. In a November 3, 2003 letter [¡-om Miami-Dade Department of Environmental Resources Management, Department staff concluded that there would be adverse impacts to mangroves on site, mangroves in an adjacent preserve, water quality, and to the West Indian Manatee. They further concluded that the Department would not be likely to recommend approval for required variances to the Miami-Dade County Code or for approval of the project by the Board of County Commissioners (see attached). TAS strongly urges you to preserve the critical open space that now is available to your residents at the "George Berlin Park" by denying this ordinance to amend the Official Zoning Map to allow development of the site. Let the open space be your legacy, keep your parks off limits to development of any kind. If you have any questions, I can be reached at (305) 666-2842. Sincerely, ~~ Cynthia Guerra Executive Director ~ 0 ,ocycled popor MIA*'.DADE COUNT ~IA1. j -1J--' November 3, 2003 Mr. Samuel E. Poole, III Berger Singerman Attorneys at Law 350 East las Olas Boulevard Fort lauderdale, Florida 33301 .t\RONMI!NTAl RESOURCES MANAGI!MI!NT NA1URAL RESOURCES DIVISION 33 S.W. 2nd AVENUE MIAMI, FLORiDA 33130-1540 (305) 372-6884 FAX (305) 372-6830 ...". .-:. ( . ~ (.. Biological Assessment for the property 10cateØ at 3373 North Country Club Drive, Aventura, Miami-Dade County, Flori~a (folio t,{ 28-1235-023-0001) A biological assessment of the above referenced property was conducted which included review of the information submitted, an on~site inspection on May 5, 2003 by Department biologists and a review of aerial ¡photographic records as well as Department flies. The purpose of this inspection v.:as to evaluate your request for the proposed filling of Y. acre of Borrow Canal in order to construct a new building and the relocation of an existing marina with the filling of an additional 1/5 acre in order to accommodate a parking lot for the proposed relocate¡d marina. Re: The site is located in the City of Aventura at the I3bove referenced address. The Borrow Canal extends from the Intracoastal Waterw¡¡¡y (ICW) to approximately 3,000 feet west. The project site is surrounded by a resider,ltial development to the southeast; Turnberry Country Ciub to the south; Waterway~ commercial development to the northeast; and Aventura lakes mangrove preserve tp the northwest. ì ì ! í ¡ ¡ I ¡ ¡ . The subject parcel is located at the westernmost end of Borrow Canal in Aventura, Miami-Dade County, Florida. The southern and we~¡tern property line along the canal is bulkheaded and the northern property line consists 11. f riprap pavers. An existing marina is located in the southwest comer of the canal. Th~ existing docking structures consist of a marginal wood dock and a multi branched or! shaped dock. Said marina facility contains twenty-seven slips. A paved parking ;Iot or a grass area borders the bulk headed portion 01. the canal's uplands. There í,.!re two outfall pipes that are located in the northwest corner of the canal for the purpos'fl of flushing the adjacent mangrove preserve and controlling storm water runoff.' 1 The canal bottom consists of coarse IImerock rub~le material, which is inhabited by a vl!lriety of Invertebrates, fishes, and various filalntous and calcareous macroalgae species. Specifically, staff documented the followi algae: filamentous green, red, and brown algae; Mennaid's wine glass (Penicillus cap atus). In addition, staff noted Flat- tree oysters (/sognomon a/atus); Bamacles (Cirrip die); Tarpon (Mega/ops at/anticus); Mullet (MugU sp.); Porkfish (An/sotremus virginicL ); Burrfish (Ch//omycterus at/nga); Needlefish (Be/on/dae sp.); Snapper (Lutjanidae : p.); Grunts (Haemulidae sp.); and Jacks (Carangidae sp.). ' Jurisdictional wetland trees, non-native invasive trets, and omamental trees are located along the north and northwest portions of the ~roperty including white mangroves (Laguncu/aria racemose), red mangroves (Rhizophrra mangle), sea grapes (Cocc%ba uvlfera), buttonwoods (Conocarpus erectus) , Cocpplum (Chrysoba/anus Icaco) , Australian Pine (Casurina sp.), Brazilian Pepper (Schinus terebinthifo/ius), and Queensland Umbrella (Scheff/era actinophyf/a). . The existing mangrove fringe, which measures appro)(lmately twenty (20) feet in width, begins in tha northwest comer of the project area aM continues along the northern project area. Two (2) culverts are also present at th,. northeast corner of the project area. Staff believes that there may be indirect impacts to the said mangroves, as well as the flushing capacity of the culverts as a result of the oroposed project. Therefore this project would require approval from the Water Control Bection of DERM for the potential change In flow for the culvert, which provides flushing to the adjacent mangrove preserve, According to Section 24-58.3(A)(5) of the Miami-Dade County Code the project must conform to the Miami-Dade County Manatee Protecti,on Plan (MDCMPP), Projects or fadllties whose construction results In adverse Impacts'to manatee habitat should not be permitted, except as necessary to protect the healU, and safety of the public. The proposed project would result in the elimination of clitlcal habitat for the West Indian Manatee (Trichechus manatus). In addition, since th,~ project site is located within an area designated as critical habitat for the West indian Manatee (T. manatus) restrictions in the number of powerboat slips may apply to this proi;erty. Pursuant to Section 24-58(1) of the Miami-Dade Cour,ty Code any work in, on, over, or upon tidal waters or coastal wetlands of Miami-Dade 'County requires that you obtain a Class I Coastal Construction Permit prior to commeMement of work, Any dredging or filling of coastal wetlands and/or tidal waters requires ¡i standard form application, which requires review and approval from the Miami-Dade County Board of County Commissioners (BCC) prior to the issuance of the \~Iass I Permit. The Department would make a recommendation to the BCC to either' approve or deny the application based on the evaluation criteria of the Code. in addition, any change in the reconfiguration of the marina requires approval fr~\m the adjacent upland riparian owner(s). In addition, Section 24-58.3(B) of the Miami-Dade COiJnty Code states that dredging or filling of tidal waters and/or coastal wetlands be consistent with at least one of the following dredge and fill criteria. 1: Minimum dredging and spoiling for public naviG~tion or public necessity, 2. An alteration of physical conditions as may be' necessary to enhance the quality or utility of adjacent waters. . 3. Minimum dredging and filling for the creation af1d maintenance of marinas, piers, docks, and attendant navigational channels. 4. Minimum dredging and filling as is necessal"J for the elimination of conditions hazardous to the public health or for the elimin~tion of stagnant waters. 5. Minimum dredging and filling as is nece~ary to enhance the biological, chemical, or physical characteristics of adjacer~ waters. 6. A physical modification necessary to protect pdblic or private property. ; Filling for the purpose of supporting a new residential building and/or upland parking is not consistent with any of these criteria. Ii I It is possible under certain conditionfito obtain a variance from Section 24-58.3(B) of the Code through the Miami-Dade Cou ty Environmental Quality Control. Board (EQCB). However, based on the potential ad rse impacts to mangroves both on-site and In the adjacent mangrove preserve, wat . quality, and to the West Indian Manatee (T. manatus) by the removal of critical abitat, the Department is not likely to recommend approval for a variance to the criteria ;or for approval of the project by the BCC. However, in addition to DERM's ~roval it is the property owner's responsibility to obtain any additional required appro. ..8IS including but not limited to those from the US Army Corps of Engineers (USAC E), the Florida Department of Environmental Protection (FDEP) and/or the South lorida Water Management District (SFWMD) prior to the commencement of any const tion over tidal waters. " In addition. please be advised that $'., velopment of the uplands may require review and approval from the Shoreline Develo ent Review Committee (SDRC). Please contact Terry Rolle. the Committee Coor nator, at 305-375-2566 for further Information regarding this process. This biological assessment is valid t: Iy for the findings related to coastal construction and related uses along the western d of Borrow Canal. The findings of this biological assessment shall be valid for a peri Id of two years from the date of this letter. If you have any questions regarding this as~ssment, please contact Thaddeus J. Kendziora at (305) 372-6577. I Sincerely, ~l'L I.' ~-.... I S rces Section cc: Mr. Geor~e Berlin, Vice presicknt, Biscayne Yacht and Country Club, Inc., 888 7 Ave., New York. N'I!' 10106 Penny Cutt, US Army Corps ai' Engineers Jayne Bergstrom, FDEP, Sou~east District Office Anita Bain, SFWMD, West Palm Office i I I j I I j I ¡ II ,I ,v-o/>'4- (,00 ~ SAVE OUR POCKET PARK ¿), DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. / J I (,G "'-- oJ ß.-{ ~.{A/~~¿ -i/'f717-(" ;1 , ð d-âJ,,}..S !V(f s'f Co"rf /;I: lit¡ YI s AVE 0 DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PEnnONS TO: N. LEE, 20448 NE 34TH COURT, AVENTURA305 931-4250 Î S A VB 0 DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK ,{ It " CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PETITIONS TO: N. LEE. 20448 NE 34TH COURT, A VENTURA 305 931-4250 <5~",,4..-q v.l X ~/;;"IPS- hcft ¿:f/.,.Þ Do" #.::<e¿¡ \?" ~-~ ~..~'/ SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK (I (( t' " l<-- It k '- - I 1 '" CITY COMMISSION MEETING ON 5/4/04, 6PM REf URN PEfITIONS TO: N. LEE, 20448 NE34TH COURT, AVENTURA 305931-4250 /' SAVE 0 DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. 31/0=",. //41/'ulcr 9 P-Q" ,f SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. c: I ( , l 1 I " SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. NAME ADDRESS s AVE 0 DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK NAME ADDRESS SIGNATURE þ< 3cJ ~ CITY COMMISSION MEETING ON 5/4/04 6PM c~e"\ RETURN PEnTIONS TO: N. LEE, 20448NE34THCOURT,AVENf~305oPß1-4250 t-C;f:1-.'/ s AVE a DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK NAME ADDRESS SIGNATURE CITY COMMISSION MEETING ON 5/4/04, 6PM RErURN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. NAME ADDRESS ; ~^,<~1ïzALÇL ',:ua; IJ'£/'/'",-.~ ,1 í,;I/'/'.r.v" r{l 3 ! II -, r' Ó IV' / ' '-'c/,::::> s AVE a DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK NAME CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PEnnONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 s AVE a DR POCKET PARK ¿J DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN P S~tÄ¿, . v fL i (\j{ift~,.-~ A;v, k 13 18ù -p SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZO BERLIN PARK eilJ.b ¡{C,c./:t...JI: ¡;>Vb ADDRESS ~ '5 1t'X..3 Ý/Y .J: 1"11r . CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 ------ ----- ------.------- _.,-- ---. '------- - -, SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN P~RK ~ --~!!y CC?~~lISSION MEETING ON 5/4104, 6PM SAVE OUR POCKE~' PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK fJ1Z1/ ~/?- ..r .J I' ?"'" l~ .$.?'f/N 0 ../'0./ /f"1'01' .l'7'T.s>W;or ~y ~~y ~,/?-£ RÞ~ CITY COMMISSION MEETING ON 5/4/04, 6PM RblURN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 SA VE-'OUR POCKFr~ PARK DEAR COMMISSIONERS: DON'T CHA1~GE THE ZONING ON BERLIN PARK NAME SIGNATURE CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK i"':~ tJ ~ ,fAM, ¡^:/~:;S ~('Ak ~ r';"/~Aj1Mí p¡p,úJ- fh4L.[</t.¡ 1t}(rRf ð/ylT1c pr 7)F- 1)~~YJddj¿d z.. () ff {) '1 rJ( <:.ldr1\ "," "'. If)));) ø1 >, 4, f -Þ- óJr II L A If-- Q~ov1-do"'fvu)\..' 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" ~~" Irn,\-ft:;~ . ,- '<J CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PETITIONS TO: N, LEE, 20448 NE 34TH COURT, AVENTURA 305 931-4250 s AVE 0 DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BEE.LINPA~ ' (, ~ - ~ lid -llò/ /1;, ee t/. j". t~~J(j ~ NA~RG-q1 'Lv'e~ . ADD~S ~ if ,qo/ l\i\"" (j l ' )/ \I IV ~ I\iI4\J" L '>1\ /) )j /) (~.1- t( /\ . r /, I " ,~ I( ( I I¡ " /' " I( II '-) J , ) jI 'I I I I I , \ I I ~á 1/ Øv\,.-" [ (7'- ¿ it¿i~ f~')../~ ~ ¿. .' !( fi {].. t'.'1' f!¿d-o-'- ,"\.)v- 1;> ~;\> ,:,c¿ity OM~SSION 1\1.EETING ON 5/4M4, 6PM 6~eJ'Jv-- y'[vJ REf URN PEfITJON$.r~: N. LEE, 20448 NE34TH COURT, AVEblTURA 305 931~ ~--. ME.L."i'N ~LVt::.\ \' \~ I,H'I . ~Î S A VB 0 DR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK ^DDR.~S ~I@.. 'I II b I ¡çoS- I ~-v j- I' CITY COMMISSION MEETING ON 5/4/04, 6PM REf URN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 17 SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK / . . .:.(,. . " ',,' d' i ( ! ; ¡ " . /('- .JDi : " 1, "'.; J" I r " J , .' , . I ~u.-.' , . " Il /1 CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, AVENTURA 305 931-4250 If:' ./> SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK NAME ¿:::; ~ N -e-=, ADDRESS 2;v-L. ~ Ie, o--.J G ?,. '-\ c '\ ~"G- '\, \. t CITY COMMISSION MEETING ON 5/4/04, 6PM RETURN PETITIONS TO: N. LEE, 20448 NE 34TH COURT, A VENTURA 305 931-4250 )J SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. ADDRESS v,...;. --tvvt- tls.s l\ &~ 3)A-~ f( SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK.. fL J3fSlCJ " fT J é iL/Í c/ IZ-- (1 , \ /" '. ,~. ' ,f- ,/ þ . ON MA Y 4TH A T6 P.M. IN A VENTURA CITY HALL, THERE WILL BE A ZONING HEARING IN REGARDS TO A PROPOSED ZONING CHANGE ACROS~ THE STREET FROM THE DELVISTA PROPERTY, TO A HIGH-DENSITY RESIDENTIAL ZONE. PLEASE SIGN BELOW IF YOU ARE AGAINST THIS REZONING PROPOSAL: RINT FU¥:L NAME" PI3d.NT AQI;>RESS SIGNATURE /'. II ~ /7 (v.' ¿-;> (/ \. 41,U1Cc ~ I V\-' -¡ 0 ".>55' J'l.(.:/e tY <AI rrlll /, ~~./ W' , \'-'hH\JÇ' -\-1"' Irj\~(on W:)S;;\ìzP¡qtt\H-.ftI'!"Z.b r---J 1" (/-ihL--.. AhROr-J ~QQI\. 1 o3~) file: J'11h (Hi (7(,: / ~ tUv lðIll1~1"d. 'Ü;;5";- Nb ~<t,a, &- #/Ç-ù ~- .~. 'tfTA (j1f'7¿¡LF/ .loN-J N'=. .! l,,- c.V 6' TV "'^ vLy"- furh.!'A' 1'()o¡MlII :J1i;t,,<~J,e.;;jÍ-"::r./f712q. 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"; A -~ ,/ C)t)1?'~C- . 7.Av,£l>u If" /. ,/ L ..Y i///<)'{ I, j -;' 'ù /' ZcJ¿u' /}/E'jf?U/¿J,:¡¡'¡;/Z ¡J,d#/<:T fi9f.:1.~~~-é '~"'/cd' !~:A k. 0.. ÿ..-,U ;).OJ..:2.s Nf; 3vrt. (i-¥.:l.ð/6¡ .M - ¡;~- l{ l.z"i/"tf 'r:!.é1'-l.,A-1'O .Rr:ieUV ~'4."5" AA'~'i1tfC'f #'Z.l('-( /112-f..--o- U--v J~L -rh/oi./ '7 ----------------..-------.------... ---. .-.----------- --------- SAVE OUR POCKET PARK DEAR COMMISSIONERS: DON'T CHANGE THE ZONING ON BERLIN PARK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: DATE: April 21,2004 SUBJECT: Application for Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential District to CF, Community Facilities District (02-REZ-04) May 4, 2004 Local Planning Agency Agenda Item ~ May 4, 2004 City Commission Meeting Agenda Item 1ß June 1, 2004 City Commission Meeting Agenda Item- RECOMMENDATION It is recommended that the City Commission approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential District to CF, Community Facilities District. THE REQUEST The City Manager is requesting an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential District to CF, Community Facilities District. BACKGROUND OWNER OF PROPERTY: City of Aventura NAME OF APPLICANT City of Aventura LOCATION OF PROPERTY 3205 NE 188 Street, Aventura See Exhibit #1 for Location Map and Exhibit #2 for Aerial Photograph LEGAL DESCRIPTION A portion of the south half of Section 3, Township 52 south, Range 42 East, City of Aventura See Exhibit #3 for complete description SIZE OF PROPERTY Approximately 1.56 acres DESCRIPTION ¡BACKGROUND The City is proceeding with construction of a middle school wing to the City's Charter School on the north side of NE 188 Street which will accommodate 300 students in Grades 6 through 8. The parcel subject of this report is the proposed site of the expansion. This site was chosen due to its proximity to the Aventura Charter Elementary School and the City of Aventura Community Recreation Facility immediately adjacent to the east. The siting of these three facilities on adjacent parcels will enable joint use of recreational and school facilities. The addition of the middle school wing showcases the City's changing demographics, from a predominantly retiree community to one including a growing number of younger families. Although the City's Land Development Regulations provide that a school may be sited on an RMF3B zoned parcel following conditional use approval, the zoning change from the residential district to the community facility district is recommended to recognize the proposed use of the land for school facilities on the Official Zoning Map and to be consistent with the zoning designations on both the Charter Elementary School and the Community Recreation Facility. However, conditional use approval is still required to comply with Policy 1.3 of the City's Comprehensive Plan, which provides that community facilities, including schools, shall be allowed on property with a residential or business and office land use designation through the conditional use procedures of the City Code. This property is designated Medium High Density Residential on the Future Land Use Map. The conditional use application will be presented with second reading of the rezoning ordinance. 2 ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium High Density Residential Town Center and Medium-High Density Residential Business and Office Business and Office Medium-High Density Residential RMF3B, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential District RMF4, Multi-Family High Density Residential District and ROS, Recreation Open Space OP, Office Park District CF, Community Facilities District RMF3B, Multi-Family Medium Density Residential District marine industry public park vacant Aventura Charter Elementary Recreation Facility marine industry, boat storage School and Community Access - Access to the parcel is from NE 188 Street, a public right-of-way. Conformity to City Comprehensive Plan - The proposed amendment will be consistent with the Comprehensive Plan pending conditional use approval to be presented with the second reading of the rezoning ordinance. Standards for reviewing proposed amendments to the Official Zoning Map: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan. Policy 1.3 of the Plan provides that community facilities, including schools, shall be allowed on property with a residential or business and office land use designation through the conditional use procedures of the City Code. The conditional use approval application will be presented with the second reading of the rezoning ordinance. 3 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. A school in the CF zoning district will serve the needs of the adjacent residentially zoned lands and the City as a whole. It will be compatible with the existing Charter Elementary School and Community Recreation Facility on CF zoned lands immediately adjacent to the east. The proximity of this site to existing community facilities will allow joint use of school and recreational amenities. 3. The subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. The site is immediately adjacent to an existing Charter Elementary School and Community Recreation Facility. There is adequate access and capacity on NE 188 Street. 4. There are sites available in other areas currently zoned for such use. There are limited sites available in other areas currently zoned for the CF, Community Facility uses. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. As discussed by the City Commission during planning and visioning sessions for the Town Center and this street, the proposed change will contribute to redevelopment of an area in accordance with a redevelopment plan. 6. The proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that projected vehicle trips per day have been calculated with the proposed school use on this site and capacity for this use is available on the street. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change has no affect on population density and would therefore not adversely affect the demand for water, sewers, streets, and other public facilities and services compared to the presently permitted uses. The development of the proposed school on this site decreases the demand for the need for a middle school in the City. 4 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. A school in the CF zoning district will serve the needs of the adjacent residentially zoned lands and the City as a whole. It will be compatible with the existing Charter Elementary School and Community Recreation Facility on CF zoned lands immediately adjacent to the east. The proximity of this site to existing community facilities will allow joint use of school and recreational amenities. 3. The subject property is physically suitable for the uses permitted in the proposed district. The subject property is physically suitable for the uses permitted in the proposed district. The site is immediately adjacent to an existing Charter Elementary School and Community Recreation Facility. There is adequate access and capacity on NE 188 Street. 4. There are sites available in other areas currently zoned for such use. There are limited sites available in other areas currently zoned for the CF, Community Facility uses. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. As discussed by the City Commission during planning and visioning sessions for the Town Center and this street, the proposed change will contribute to redevelopment of an area in accordance with a redevelopment plan. 6. The proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that projected vehicle trips per day have been calculated with the proposed school use on this site and capacity for this use is available on the street. 7. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed change has no affect on population density and would therefore not adversely affect the demand for water, sewers, streets, and other public facilities and services compared to the presently permitted uses. The development of the proposed school addition on this site decreases the demand for the need for a middle school in the City. 4 8. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 9. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole, but will provide a compatible use that serves the school needs of the neighborhood and the City. Traffic Generation - The City's Traffic Consultant has prepared a roadway capacity analysis, along with traffic generation information comparing existing permitted uses and the proposed middle school use. 1.56 acres Vehicle Trips PM Peak Hour Proposed Charter Middle per Day School Site Existing RMF3B zone 380 36 (54 units) Proposed CF zone 486 45 (300 students) NE 188 Street has a capacity of 23,800 vehicles per day. Based on existing counts, the addition of the Charter Elementary School, the Community Recreation Facility and three approved residential developments on the street, total vehicle trips equal 4,844. Therefore, this street has adequate capacity for the proposed use. It is proposed that vehicles and buses will use the existing left turn lane at the median cut at the Charter Elementary School to access the middle school addition. Part of the Larger Plan - The City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's Community Recreation Facility, the school site and all surrounding properties. The City Commission has determined that the proposed middle school wing is needed to accommodate existing demand and increased demand from the residential uses approved, including those on this street. The middle school addition will be an integral part in providing support and vitality to the proposed redevelopment of the street and the mixed-use, town center development to the west of NE 188 Street. It will allow children in the charter elementary school to continue their charter school education to Grade 8 in an adjacent facility. 5 BROWARD COUNTY .,-,-,-,-, DADE COUNTY ¡~ :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. IVES DAIRY RD. :. .. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. ¡- ~ :J: W X ë s: MIAMI GARDENS DR. LEGEND c:i ~ m z ifj 0 0 g m z ifj g Atlontic Ocean " Roadways City Boundary ZIP Code Boundary Railroad EXHIBIT 1 02-REZ-O4 EXHIBIT 2 02-REZ-O4 1.EGAL DESCRIPTlON ^ portion oflhe South half ofScction 3, Township 52 South, Range 42 East, Miami.Dade County, I'londll, more pal1icularly described as follows: Commence at the center of Section 3, Township 52 South, Range 42 East, Miami. Dade County, Florida: Ihence rull North 89 degrees SO'S5" West along the North line of the S.W. 1/4 of said Section 3 for a distance of670.26 fect to the N.W. comer or the Ii 1/2 of the N.E. 1/4 of the S.W. 1/4 of said Section 3; thence run South 0 degrees 39'25" East along the West\ine of the E 1/2 of the N.E. 1/4 of the S.W. 1/4 of said Section 3 for a distance of 1,107.11 feet to a point; thence run North &9 degrees 20'3S" East for a distance of I ,S97.5S feet to a point; thence run North 0 degrees 39'25" Wcst for a distance oDS.O feet to the point of beginning oCthe tract ofland herein described; thencccontinuc North 0 degrees 39'2S"West for a distanec of3 t 2.890 feet to the center \ineofa canal; thence run South 89 degrees 56'45" East atongthe ccnl¡"Tline of said canal foradistanceof218.716 feet to a point; thence run South 0 degrees 39'25" East for a distance of 31 0.18 to a point; thence rull SoUlII 89 degrees 20'35" West for a distance of218.70 feet to a point of beg inning. Togcthcr with all rights to an easement in. on, under. through, over and across the entire 62.5 foot canal from its property to DlImfoundling Bay, in the san10 manner and to the same e¡¡tent and with the same rights, as evidenced by Deed recorded in Official Records Book 1799, at Page 9, of the Public Records of Miami.l)ade County, Florida. EXHIBIT 3 02-REZ-O4 ORDINANCE NO. 2004- - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 3205 NE 188 STREET FROM RMF3B, MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT TO CF, COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura recognizes the City's growing number of younger families and a problem of school overcrowding; and WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential District to CF, Community Facilities District to allow for the construction of a middle school wing to the City's Charter School; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and Ordinance No. 2004- - Page 2 WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for one (1) parcel of land located at 3205 NE 188 Street (Folio Number 28-2203-000-0330) from RMF3B, Multi-Family Medium Density Residential District to CF, Community Facilities District (see Exhibit "A" for property description). Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 4. Effective Date. This Ordinance shall be effective immediately upon Ordinance No. 2004- - Page 3 adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow PASSED on first reading this 4th day of May, 2004. Ordinance No. 2004- - Page 4 PASSED AND ADOPTED on second reading this 1st day of June, 2004. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this - day of June, 2004. CITY CLERK EXHIBIT" A " LEGAt" DESCRIPTION ^ portion of the South half ofSeetion3, Township 52 South, Range 42 East, Miami-Dade County. Florida, marc pal1icularly described as follows: Commence at the center of Section 3, Township 52 South, Range 42 East, Miami- Dade Counly, Florida: thence run North 89 degrees 50'55" West along the North line of\he S.W, 114 of said Section 3 for a distance of 670.26 feet to the N.W. corner of the E 112 of the N.h. 1/4 of the S.W. 114 of said Section 3; thence run South 0 degrees 39'25" East along the West line oflhe E 112 of the N.E. 1/4 of the S.W. 1/4 of said Section 3 for a distance of 1, I 07,1 ¡ feel to a point; thence Tun Norlh 89 degrees 20'35" East lor a distance of 1,597.55 feet to a point; thence run Nonh 0 degrees 39'25" West for a distance of35.0 fœl to the point of beginning Oflhc tract orland herein described; thence continue North 0 degrees 39'25"West for a distance of312.890 feel to the center line ora canal; \hence run South 89 degrees 56'45" East along the center line of said canal for adistanceof218.7 6 feel 10 a point; thence run South 0 degrees 39'25" East for a distanc,e of 31 0.18 to a point; thenc.c tUn Solllh 89 degrces 20'35" West for a distance of218.70 feet to a point of beginning. Together with all rights to an easement in, 011, under, lhrough, over and across the entire 62.S foot canal from its property to Dumfoundling Bay, in ¡he same manner and to ¡he same extent and with the same rights, as evidenced by Deed recorded in Omeial Records Book 1799, at Page 9, of the Public Records of Miami-Dade County, Florida. e!hc :Æ'iami mtratð BII Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JOANNE LOPEZ Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Thursday, April 23rd, 2004. AffIant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the rust publication of the attached copy of advertisement. ,~ lrn,/ Uf OANNE LOP~~ r U i worn to and subscribed before me This-li-day of J W\U-, I-~ ~~ Lisa Ann Hernandez ;--- A.D. 2004 ,"~'¡::" LisaAnnRemandez \~'OOOOOli17 JçIro8 ,1Ib. 11, 2OOS -!In . - hoIoc 00., Ju. 900 West 49th Street, Suite 500, Hialeah, Florida 33012 ""11"".""]"". A, '"'.",, ,CITY OF AVENTURA' ,!!NoiICEOf HEARING OF LOCAL ;. i.~".PLANNINGAGENCYAND NOTICE OF '~"APP[CATIONSFOR AMENDMENT TO OFFICIALZONING MAP' , Public Notice is hereby"giÝen that the City of Aventuralocal Planning AgencywiIJ meet in a public hearing on Tuesday, May 4,,2004 at 6:00 p,m. to make a recommendation regan:iing the adoption of the .f~ll~wing.On:iin~ces:c;' " ' , "AN' ORDINANCE OF THE 'CITY OF' AVENTURA,FlORIOA,' , CONCERNING AN APPLICATION TO AMENO THE OFFICIAL 'ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL lOCATED AT 3205 NE 188 STREET FROM RMF3B, MULTIFAMilY MEDIUM DENSITY , RESIDENTIAL DISTRICT TO CF, COMMUNITY FACILITY DISTRICT: PROVIDING FOR SEVERABILITY; PROVIDING ,FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE, """",;.~" , l,:L:..,"~:, I ',',',,-,.,' ~"'{;'! .,,;;,.1, ~~"", "and . ',-;, .',- , ','", 'c. ".AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA¡ CONCERNING AN APPLICATION TO AMEND THE OFFICIAL :' ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE . ZONING DESIGNATION FOR ONE (1) PARCEL LOCATED AT THE' :,;)\IORTHEAST,CORNER OF NORTH COUNTRY CLUB DRIVE AND .;NE 34 AVENUE FROM CF, COMMUNITY FACILITY. DISTRICT TO , RMF4,' MULTI,FAMILY HIGH 'DENSITY RESIDENTIAL DISTRICT; . ""PROVIDING , INCLUSION IN THE CODE; PROVIDING FOR '-:,SEVERABILlTY; PROVIDING FOR AN EFFECTIVE DATE,. ' , , " '" - " ~I_\~,-~UUH~ , '" :~,. ;j.;~ "'~ Immediately following the Local Planning Agency meeting, the City Commission of. the City of Aventura, as the governing body, will consider at a public hearing adoption of the On:iinances, The Public Heari~g will be held at City 01 Aventura Government Cente~ 19200 West Country Club Drive, Aventu"" Florida, 331 eo, The proposed On:jinances rnay be inspected bY the public at the Office 01 ,the City Cler'k,19200 West Country Club, Aventma Flonda. Interested parties may appear at the pubiic Hearing and be heard with respect to the proposed Ordinances, """""'" "-'" '" In~ccord~nce with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this pwceedlng because of that disability should contact the Office of the City Cler'k, (305) 466-8901, not later than two business - days prior to ,such proceedings, I! a person 'decides to appeal any decision rnade by the City Commission with .respectto any matter considered at a meeting or hearing, that person will need a record, ofthepwceedings and, lor such purpose; may need to ensure that a verbatim record 01 the proceedings' is made, which recon:i inciudes the testimony and evidence upon which the appeal is to be based, Teresa M, Soroka, CMC, City Cler'k 'V '1.1